IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080017379 


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 his records be reviewed for possible award of the Purple Heart.

2.  The applicant states he was injured in Iraq in February 2006 when an improvised explosive device (IED) detonated while he was on a combat patrol in Tikrit.  He states he experienced loss of consciousness for "3-5 minutes" and he injured his back, causing nerve damage to his legs.  He states he was treated at an aid station and given light duty until his return to the United States.

3.  The applicant provides:

	a.  a copy of his DD Form 214 for the period 19 May 2004 through 31 August 2007.  It shows he was honorably discharged by reason of disability, with severance pay of $11,298.60.  It does not show award of the Purple Heart.

	b.  a 27 July 2008 letter from the applicant’s former team leader.  The letter states an IED detonated along 40th Street in downtown Tikrit, Iraq, during early February 2006.  The former team leader states, "[He’d] heard that [applicant had] been knocked unconscious for a few minutes and was knocked around…during the blast."  He also states he later learned the applicant had been diagnosed with traumatic brain injury (TBI) and subsequently discharged.

	c.  a 16 September 2008 letter from a former comrade-in-arms who served as a gunner on a military vehicle in which the applicant was a passenger.  He states his vehicle was ambushed by an IED and everyone was confused after the blast.  He states, "[Applicant] must have been knocked unconscious for about 2 or 3 minutes since it took us a while to get him to respond…"  He also stated everyone was determined to be "fine" after being checked out by the medics.

	d.  an undated letter from a physician at the Department of Veterans Affairs (DVA) New York Harbor Healthcare System.  The physician states the applicant suffers from "severe chronic post traumatic stress disorder [PTSD]" and TBI.

	e.  a 5 June 2008 letter from a clinical psychologist at the DVA New York Harbor Healthcare System.  He states the applicant suffers from PTSD, TBI, and mild, chronic pain.

	f.  six pages of a DVA Medical Record – Consultation Sheet, dated 8 April 2008, requesting a neuropsychological consultation.  It states the applicant suffers from PTSD, depression, and a history of mild TBI.

	g.  a copy of an SF 513 (Consultation Sheet) completed while the applicant was in Iraq.  It states, "Pt [Patient] evaluated by PT [physical therapist] and recommends continuation of therapy upon return to States.  L3-S1 evaluated.  Radicular back pain.  PT recommends follow-up and medical board due to Soldier’s MOS [military occupational specialty] causing injury."  The form is undated.

	h.  a copy of Orders 235-0604, Headquarters, 101st Airborne Division, and Fort Campbell, Fort Campbell, Kentucky, dated 23 August 2007, discharging the applicant with a disability rating of 10 percent.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 19 May 2004 through 31 August 2007.  He held MOS 13F (Fire Support Specialist).  He served in Iraq from 31 August 2005 through 11 September 2006.  The highest grade he attained during his military service was specialist/E-4.  He was honorably discharged from active duty on 31 August 2007 by reason of disability, 10 percent.

2.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Combat Action Badge.  Item 13 of his DD Form 214 does not show award of the Purple Heart.
3.  There are no orders in the applicant's records that show he was awarded the Purple Heart.

4.  An electronic mail message, dated 8 January 2009, from the Deputy Chief, Army Casualty and Mortuary Branch, U.S. Army Human Resources Command, Alexandria, Virginia, indicated that there was no casualty report recorded for the applicant.

5.  The applicant’s service medical records are not available; the only available service medical document is the SF 513 provided by the applicant.  It only shows that, on an unknown date in Iraq, the applicant received physical therapy for radicular back pain, and it was recommended he continue with therapy upon redeployment from Iraq to the United States.

6.  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 is entitled to award of the Purple Heart was carefully considered, and while we do not question the sincerity of the applicant’s request or the supporting statements by former comrades-in-arms, there is insufficient evidence to support the award.

2.  The Army Casualty and Mortuary Branch, U.S. Army Human Resources Command, has stated there is no casualty report on the applicant.  The decision to award an individual the Purple Heart is made by the commander having award approval authority after ensuring that the individual has met the criteria for award of the Purple Heart.  In the absence of a completed, authenticated, and verified Casualty Feeder Report or other evidence which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of official records, there is insufficient to award the applicant the Purple Heart in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


															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.

ABCMR Record of Proceedings (cont)                                         AR20080017379



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ABCMR Record of Proceedings (cont)                                         AR20080017379



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