IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20080019910
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 award of the Purple Heart.
2. The applicant states he received a traumatic head injury on 25 December 2005 when a mortar exploded 30 feet away. He states a casualty feeder report was completed but he did not receive the Purple Heart.
3. The applicant provides copies of a 12 January 2006 Standard Form 600 (Chronological Record of Medical Care) and a 30 May 2006 Standard Form 600.
CONSIDERATION OF EVIDENCE:
1. The available record does not include the applicant's service medical record.
2. The applicant entered active duty in the Regular Army on 24 March 2005 with 7 years, 6 months, and 24 days of prior active service and 7 years, 7 months, and 12 days of inactive service.
3. The applicant served in Iraq from 30 November 2005 through 30 May 2006.
4. A Standard Form 600, dated 12 January 2005 (sic 2006) shows the applicant complained of right ear pain since 25 December 2005 when a rocket exploded 30 to 40 feet away. The examination found no redness, swelling, or drainage. The applicant was referred for follow-up hearing test. The attending doctor opined the applicant's ear pain was secondary to a noise injury.
5. A 30 May 2006 Standard Form 600 shows complaints of "nerve injury", a groin injury, chest pain, and essential hypertension. In the questionnaire portion of the report, the applicant reported he had been exposed to a blast on 25 December 2005 with symptoms of being dazed, confused, or seeing stars. He reported he was not experiencing those symptoms at that time. He was given an assessment of suffering from a concussion with no loss of consciousness and groin pain. It was recommended he a seek follow-up evaluation with behavioral medicine for traumatic brain injury concerns at his home station.
6. A 2 August 2006 Physical Evaluation Board(PEB) found the applicant unfit for continuation on active duty due to neuropathic pain in the left groin rated with a 10 percent disability evaluation. The applicant was also noted as suffering from hypertension; however, this condition was found to be not unfitting. The applicant concurred with this evaluation.
7. Other than the medical records cited above, the applicant's service medical records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 states he received a traumatic head injury on 25 December 2005 when a mortar exploded 30 feet away. He states a casualty feeder report was completed but he did not receive the Purple Heart.
2. The examination conducted 18 day after the alleged injury found no physical manifestations of any injury and did not document any treatment for any of the applicant's concerns.
3. The record does not show and the applicant has not provided any documentation to support his reported injury on 25 December 2005 was a result of hostile action.
4. 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.
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.
_______ _ 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) AR20080019910
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