IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080017261
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 that he be awarded the Purple Heart.
2. The applicant essentially states that he received combat-related injuries on
27 April 2005, and that his records should show these injuries.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 15 November 2006 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a member of the North Carolina Army National Guard.
2. The majority of the applicants military records are not available for review for unknown reasons. However, there is sufficient information available to conduct a fair and impartial review of this case.
3. The available records show that after having prior previously served on active duty for training, he was ordered to active duty on 2 August 2005 in support of Operation Iraqi Freedom. He served in Iraq from 30 September 2005 to 7 October 2006 in military occupational specialty 12K (Plumber), and was honorably released from active duty on 15 November 2006. The DD Form 214 that was issued to him at the time of his release from active duty on 15 November 2006, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, shows that he was awarded the Iraq Campaign Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, the Overseas Service Ribbon, the Combat Action Badge, the Parachute Rigger Badge, and the basic Parachutist Badge.
4. The applicants DD Form 214 does not show that he was awarded the Purple Heart. There are also no orders in the available records awarding him the Purple Heart. Additionally, there is no evidence of him being treated by medical personnel for wounds or injuries received as a result of hostile action. Further, a check of the Defense Casualty Information Processing System, the Department of Defenses single joint military casualty information processing system, failed to show that he was ever wounded or injured as a result of hostile action.
5. 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records. This regulation also provides that there is no time limitation on requests for award of the Purple Heart. Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
7. The Stolen Valor Act of 2005, signed into law by President George W. Bush on 20 December 2006, is a United States (U.S.) law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or verbal) of any military decorations and medals. It is a Federal misdemeanor offense, which carries a punishment of imprisonment for not more than 1 year and/or a fine.
DISCUSSION AND CONCLUSIONS:
1. The applicants contends that he should be awarded the Purple Heart.
2. The applicant's contention that he received combat-related injuries on
27 April 2005 was noted; however, there is no evidence which shows he was serving on active duty on that date, let alone serving in Iraq.
3. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned, absent evidence which conclusively proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile action, and that this medical treatment was made a matter of official record, there is no basis for awarding the Purple Heart to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during Operation Iraqi Freedom. The applicant and all Americans should be proud of his service in arms.
_______ _ XXX _______ ___
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.
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