IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080018472 


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, in effect, that he be awarded the Purple Heart.

2.  The applicant essentially states that he was wounded as a result of hostile action when a mortar hit a fuel truck on or about 12 February 2006 in Ramadi, Iraq.  He also contends that he was knocked from the fuel truck and medically evacuated to Baghdad with a fractured right shoulder and broken collar bone.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his release from active duty on 4 September 2006, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; a letter, dated 7 November 2008, from a Member of Congress; and a Privacy Act Release Form, dated 15 June 
2007 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Colorado Army National Guard on 10 July 2003.  He was ordered to active duty for training (ADT) on 12 August 2003, completed basic and advanced individual training, and was awarded military occupational specialty 92F (Petroleum Supply Specialist).  He was released from ADT on 22 January 2004.  On 7 September 2005, he was ordered to active duty in support of Operation Iraqi Freedom.  He served in Kuwait and Iraq from 3 November 2005 to 12 March 2006.  On 4 September 
2006, he was honorably released from active duty.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, and the Armed Forces Reserve Medal with "M" (for Mobilization) Device.  He was honorably discharged from the Army National Guard on 30 April 2008.

2.  The applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  There are 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 (DCIPS), the Department of Defense’s single joint military casualty information processing system, failed to show that he was ever wounded or injured as a result of hostile action.  However, it did reveal that the applicant was seen by medical personnel on or about 5 March 2006 because he was experiencing right shoulder pain and he was diagnosed with a possible torn rotator cuff.  The representative at the Army Casualty and Mortuary Affairs Branch also confirmed that there was no evidence which suggested that hostile action played a role in the applicant's shoulder issue.

3.  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.

4.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.


2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not questioned, there is no evidence in his military records, and the applicant failed to provide any evidence to support his claim that he should be awarded the Purple Heart.  Additionally, a check of the DCIPS only revealed that the applicant was seen by medical personnel for a possible torn rotator cuff which was not caused by hostile action, and there were no entries to corroborate that he sustained a fractured right shoulder and broken collar bone as a result of hostile action as he contends.

4.  Absent evidence which conclusively proves, by a preponderance of the evidence, that the applicant was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries sustained 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 justifiably 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.

ABCMR Record of Proceedings (cont)                                         AR20080018472



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ABCMR Record of Proceedings (cont)                                         AR20080018472



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