IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080018055
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart while he served in Iraq. He states that a letter from his company commander is in his file.
3. The applicant provides a copy of his DD Form 214 and a Sworn Statement (DA Form 2823) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) on 31 January 1985 and was discharged on 30 January 1997. After a break in service, he enlisted in the PAARNG again on 24 March 1998. He completed training as a combat engineer. His highest grade attained was sergeant, E-5.
2. The applicant was ordered to active duty on 24 July 2002 in support of Operation Joint Forge. He served in Bosnia from 25 August 2002 to 16 March 2003. He was released from active duty on 14 April 2003 and was transferred back to his National Guard unit on the following date.
3. The applicant was ordered to active duty on 28 June 2004 in support of Operation Iraqi Freedom. He arrived in Iraq on 1 December 2004.
4. The applicant provided a sworn statement, dated 4 August 2005. He stated, in effect, that an Improvised Explosive Device (IED) detonated on the left side of his vehicle while conducting convoy operations in Iraq. The blast cracked the driver's windshield. He stated he "blacked out" for a few seconds after the blast and was slow to respond to the medic's questions. After returning to the Forward Operating Base (FOB) Summerall, the doctor told him that he sustained a concussion from the blast.
5. The applicant departed Iraq on 27 October 2005 and was released from active duty on 12 November 2005. His DD Form 214 for the period 12 November 2005 does not show he was awarded the Purple Heart during this period.
6. There are no orders which show the applicant was awarded the Purple Heart. There are no medical documents which indicate he was wounded as a result of hostile action. His name is not listed in the Iraq Casualty File.
7. A review of his service records on the interactive Personnel Electronic Records Management System (iPERMS) did not reveal a letter from his company commander regarding award of the Purple Heart as the applicant claims.
8. The applicant was discharged from the PAARNG on 6 February 2008 and was transferred to the Retired Reserve on the following date.
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, and the medical treatment must have been made a matter of official record. Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was awarded the Purple Heart while he was in Iraq. However, there are no orders which awarded him the Purple and his name is not listed on the Iraq Casualty File.
2. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.
3. In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of 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) AR20080018055
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