IN THE CASE OF:	  

		BOARD DATE:	        07 APRIL 2009

		DOCKET NUMBER:  AR20080018964 


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, in effect, that he should have been awarded the Purple Heart for injuries he sustained in Ramadi, Iraq as a result of an improvised explosive device (IED).  He states that “blood was coming from my ear” when this incident occurred.   

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 14 July 2006 to 22 March 2008; a DA Form 2173 (Statement of Medical Examination and Duty Status) and DD Form 689 (Individual Sick Slip), both dated 10 January 2007; three pages of Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care), dated 
19 September 2007; a four-page SF 600, dated 10 October 2007; three three-page SFs 600, dated 16, 18, and 25 October 2007; line of duty (LOD) determinations, dated 21 December 2007 (two), 4 January 2008, and 23 January 2008, all with accompanying DA Forms 2173 and statements; and a DD Form 2216E (Hearing Conservation Data), from an audiogram performed on 
20 February 2008, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently an enlisted Soldier in the United States Army Reserve (USAR).

2.  The applicant, having previously served in the United States Navy and United States Naval Reserve, enlisted in the USAR on 18 November 2005 and was subsequently awarded military occupational specialty 21B (Combat Engineer).  He was ordered to active duty in support of Operation Iraqi Freedom, on 14 July 2006, and served in Iraq from 17 September 2006 to 16 September 2007.  He was retained on active duty to participate in the Reserve Components Warrior in Transition Medical Retention Processing Program, on 25 October 2007, and he remained on active duty until he was honorably released from active duty on 
22 March 2008.  The DD Form 214 that was issued to him at the time shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, and the Combat Action Badge.

3.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart.  There are also no orders in his official military records, and the applicant did not provide orders, awarding him the Purple Heart.

4.  The applicant provided a DA Form 2173 and DD Form 689, both dated 
10 January 2007, which essentially show that he was injured on that date while removing a 14-inch square steel armor ballistic plate from a Cougar [Hardened Engineer Vehicle].  The plate was slick with transmission fluid and slipped out of the applicant's hands and hit him on the head, and he went to the battalion aid station where he was given ibuprofen and light duty.  He was also instructed to return if symptoms became worse.   

5.  The applicant provided LOD paperwork and multiple SFs 600 which essentially shows that after returning to the United States and being evaluated at Madigan Army Medical Center, he was seen at the Ear, Nose, and Throat Clinic, on 19 September 2007, with his chief complaint being otorrhea [discharge from the external ear].  The applicant stated at that time he was near an IED blast, on 13 January 2007, and that 2 days later he awoke with excruciating ear pain with bleeding.  In his initial evaluation with the Warrior Transition Clinic, on 10 October 2007, the applicant basically stated the same.  It was noted in the 10 October 2007 SF 600 that the source of information was the applicant (patient).  It was also noted that this document shows the applicant was injured in March 2007 when a steel plate fell on his head, rendering him unconscious.  

6.  Additionally, the applicant provided a LOD determination, dated 21 December 2007, which essentially shows he made a sworn statement on 31 October 2007 in which he indicated he was in an IED blast on 13 January 2007 that exploded about 10 to 15 meters from the rear of his vehicle.  However, this LOD shows the applicant was injured, on 14 March 2007, when a steel plate covered with transmission fluid slipped out of his hands and fell on his head.  

7.  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.  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.

8.  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.  The evidence provided by the applicant was carefully considered.  However, 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.  An LOD determination, dated 21 December 2007, found that the applicant’s ruptured right eardrum that occurred in January 2007 was in the line of duty. However, the available evidence fails to show the applicant was treated for an injury that resulted as a result of an IED.  

4.  Regrettably, 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 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 insufficient basis upon which 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:

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 honorable 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)                                         AR20080018964



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018964



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1