IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20080016735
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states, in effect, he was injured while participating in Operation Iraqi Freedom.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); an unauthenticated DA Form 4187 (Personnel Action); a DA Form 2173 (Statement of Medical Examination and Duty Status), dated
26 September 2004; a Standard Form 600 (Chronological Record of Medical Care), dated 23 September 2004; an undated DA Form 2823 (Sworn Statement); a DA Form 1155 (Witness Statement on Individual), dated 24 September 2004; and a DA Form 1156 (Casualty Feeder Report), dated 24 September 2004 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the U. S. Army Reserve on 7 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 8 February 2004 through 7 February 2005. On 12 March 2005, he was released from active duty.
2. The applicant's DD Form 214 for the period ending on 12 March 2005 does not show the Purple Heart as an authorized award.
3. In support of this application, the applicant provided a DA Form 4187 which shows he was recommended for award of the Purple Heart. However, this form was not authenticated by an authorized approval official.
4. The applicant also provided a DA Form 2173 which shows he was injured while returning from a mission on 23 September 2004 when an Improvised Explosive Device (IED) impacted his vehicle.
5. The DA Form 600 provided by the applicant shows that on 23 September 2004, he received glass fragments to his upper back as a result of an IED explosion.
6. A sworn statement by a fellow Soldier states, in part, that while traveling in a convoy, the rear of the convoy was hit by an IED and small arms fire. He continues that the applicant was operating a truck which was in the rear of the convoy and the blast from the IED lifted the rear of the truck off the ground causing it to slam back down. The fellow Soldier contends that the rear window was blown out sending glass throughout the cab of the truck resulting in the applicant receiving several cuts in the hand and back. He concludes that the applicant was taken to the troop medical clinic to have the glass removed and to be evaluated for other injuries.
7. The DA Forms 1155 and 1156 that were provided essentially state the same information as the sworn statement.
8. Headquarters, 94th Regional Readiness Command Permanent Orders Number 159-11, dated 8 June 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 23 September 2004. This award is not shown on the applicant's DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the Purple Heart has been carefully reviewed.
2. Records show the applicant was injured as a result of hostile action on
23 September 2004 when an IED impacted his vehicle. The injury required treatment by medical personnel and the medical treatment is documented in his official records. Therefore, there is sufficient evidence on which to base award of the Purple Heart.
3. Permanent Orders awarded the applicant the Combat Action Badge. Therefore, his DD Form 214 for the period ending on 12 March 2005 should be corrected to show this award.
BOARD VOTE:
__x____ __x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Purple Heart for injuries sustained on 23 September 2004 while in Iraq; and
b. adding the Purple Heart and the Combat Action Badge to his DD Form 214 and providing the individual a document to show these corrections.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080016735
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