IN THE CASE OF:	  

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20090001134 


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, in effect, that he was wounded by shrapnel during a mortar attack on 20 July 2006 and it was not discovered until after he was discharged.   

3.  The applicant provides a personal statement; a statement from a physician; medical documents; two DA Forms 2823 (Sworn Statement); Permanent Orders 362-025, dated 28 December 2006, awarding him the Combat Action Badge; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 April 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve (USAR) in the rank of sergeant (SGT)/E-5.

2.  After having had prior service in the Regular Army, the applicant enlisted in the USAR on 24 May 2005 for a period of six years.  He completed training as a plumber.  



3.  The applicant was ordered to active duty on 9 January 2006 in support of Operation Enduring Freedom.  He served in Afghanistan from 15 March 2006 to 18 March 2007.  

4.  The applicant provided a Standard Form (SF) 600 (Chronological Record of Medical Care) which shows he received medical treatment on 1 November 2006 for an injury to his left shoulder.  

5.  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.  

6.  The applicant provided a copy of Headquarters, Combined/Joint Task Force 76, Operation Enduring Freedom, Permanent Orders 362-025, dated 28 December 2006 which show he was awarded the Combat Action Badge for engaging the enemy - indirect fire on 20 July 2006.

7.  On 22 July 2007, Staff Sergeant R--- A. S-------- submitted a DA Form 2823 concerning the events leading to the incident which occurred on 20 July 2006.  In effect, he stated that the Forward Operating Base (FOB) Sharana came under mortar attack on the night of 20 July 2006.  He was awakened by the sound of an explosion near his K-Hut.  Once the K-Huts were clear, he headed for Guard Tower 6.  Upon his arrival at the tower, three Soldiers (including the applicant), were already there and engaging the enemy.  He gave a list of Soldiers who were in the K-Huts at the time of the explosions.  Staff Sergeant S-------- did not indicate that he was an eyewitness to the circumstances surrounding the applicant's injury.

8.  The applicant provided a self-authored statement in support of his claim.  He described the events that occurred on 20 July 2006 while he was on guard duty.  He heard two explosions and ran to a guard tower.  Upon arrival at the guard tower, two other Soldiers were already there.  They started to engage the enemy mortar position.  One of the mortars (number 11) hit near the guard tower and threw him forward into the top of the firing platform.  He remembered that he hit his head and was dazed for a few moments.  The next mortar hit (number 12) and again the blast sent them "reeling."  He stated that SGT H-------- was in the guard tower on the left side and he was on the right side, which exposed his left side to the two mortars that hit behind them.  He believed that either mortar 11 or 12 injured him and left two pieces of shrapnel in his left shoulder.  



9.  On 7 September 2008, the applicant's left shoulder was x-rayed for a possible foreign body seen on a previous chest X-ray (29 August).  The diagnostic X-ray document indicated "Possible small metallic foreign body in the subcutaneous tissues of the left lateral chest/upper abdomen."

10.  The applicant also provided a statement from a physician at the Aurora Health Center in Wisconsin.  The physician indicated that the applicant was well known to her with a history of service in Afghanistan.  She stated the applicant was involved in combat while in Afghanistan.  On several occasions in the past, the applicant complained of pain in his left shoulder.  Initially, it was thought to be a pimple; however, the applicant was found to have shrapnel in his shoulder.  The physician removed a piece of small shrapnel in her office.  An X-ray was done to confirm there were two more pieces of shrapnel still in the applicant's left shoulder.

11.  The applicant was released from active duty on 20 April 2007 at completion of his required active service.  On the following date, he was transferred back to his USAR unit.

12.  His DD Form 214 for the period ending 20 April 2007 shows he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" (Mobilization) Device, North Atlantic Treaty Organization (NATO) Medal, Combat Action Badge, and the Driver and Mechanic Badge with Mechanic Bar.  

13.  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 by medical personnel, 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 wounded by shrapnel during a mortar attack on 20 July 2006.  

2.  The applicant's medical documents were carefully reviewed.  However, they do not verify that the applicant was wounded or injured as a result of hostile action.  The applicant's November 2006 SF 600, 4 months after the incident, failed to note that he had been wounded as a result of hostile action.  

3.  The statement from the applicant's physician is noted.  She states that shrapnel was removed from the applicant's left shoulder and that there were two more pieces of shrapnel still in his left shoulder.  However, there is no evidence of record which verifies his injuries were a result of hostile action.  

4.  The applicant provided statements from two Soldiers who were assigned to the FOB Sharana at the time in question.  These statements describe in detail the sequence of events on 20 July 2006 in Afghanistan.  However, these statements fail to verify that the applicant was wounded as a result of hostile action.

5.  Regrettably, there is insufficient evidence on 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)                                         AR20090001134



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ABCMR Record of Proceedings (cont)                                         AR20090001134



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