IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080018281
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 Combat Action Badge (CAB) and Purple Heart (PH).
2. The applicant states, in effect, that he was wounded by an Improvised Explosive Device (IED).
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 215 (Correction to DD Form 214); and excerpts from his medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Army National Guard (ARNG) and entered active duty on 26 June 2004 in support of Operation Iraqi Freedom III. He served as a combat engineer and was honorably released from active duty in pay grade E-4 and returned to his ARNG unit on 8 December 2005.
2. The applicant reentered active duty on 26 June 2006 in support of Operation Iraqi Freedom (OIF).
3. The medical records provided by the applicant show that he received emergency medical care on 22 October 2006. At that time it was recorded that the applicant had a left shoulder contusion as a result of an IED blast during OIF.
4. The other medical records show the medical treatment provided for the applicant for his shoulder, which was later diagnosed as a Grade 2 Left ACL Separation.
5. The applicant was honorably released from active duty on 30 October 2007 in pay grade E-2 and returned to his ARNG unit.
6. Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for wounds 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.
7. Army Regulation 600-8-22 states the requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. Award of the CAB is authorized from 18 September 2001 to a date to be determined.
8. In the processing of this case the Human Resources Command, Alexandria (HRC-A) was contacted and stated that the Iraq Casualty List shows that the applicant was wounded in action (WIA) on 22 October 2006 on Route Tampa in Iraq.
DISCUSSION AND CONCLUSIONS:
1. The applicant has submitted medical records which show that he received medical treatment for a Grade 2 Left ACL Separation. The applicant reported that he sustained this injury as a result of an IED blast at the time of his treatment. The Iraq Casualty List shows that the applicant was wounded in action (WIA) on 22 October 2006 on Route Tampa in Iraq.
2. As such, the evidence clearly supports the applicant's contention that he was wounded in action and is entitled to a Purple Heart.
3. While there is also no evidence that shows the applicant was recommended for or awarded the CAB during his service in support of OIF, the Iraq Casualty List has confirmed that he was WIA in Iraq. This is prima facia evidence that the applicant was engaged by the enemy. As such, he was entitled to the CAB.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X__ ____X___ 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 awarding to him the Purple Heart for wounds he incurred in action on 22 October 2006 on Route Tampa in Iraq, that he be awarded the CAB for the same action, and that this decoration and this badge be added to his DD Form 214.
________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) AR20080018281
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