Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090001391
Original file (20090001391.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090001391 


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 received a shrapnel injury to the back of his head from an Improvised Explosive Device (IED) explosion.  The physician assistant (PA) and the medic saw him and "fixed it up."  He states the PA told him that he was going to recommend him for a Purple Heart.  He states that after he returned to the United States, he got out of the Army and he never received the Purple Heart.  He was planning to reenlist until the doctors in Germany told him that he had experienced a Traumatic Brain Injury (TBI) from the incident [IED explosion].  

3.  The applicant provides no additional documents in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 January 2004.  He completed training as an infantryman.  His highest grade attained was specialist, E-4.  

2.  He served in Kuwait from 16 January 2005 to 14 March 2006 and in Iraq from 15 March 2006 to 15 November 2006.  

3.  The applicant was released from active duty on 21 June 2007.   His DD Form 214 does not show the Purple Heart as an authorized award.

4.  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.  Additionally, the applicant’s name is not listed on the Casualty Roster among those Soldiers injured during the period the applicant served.

5.  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, 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 contends that he sustained a shrapnel injury to the back of his head as a result of an IED explosion.  However, there is no evidence of record to substantiate his claim.  

2.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  

3.  In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon 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.




      _______ _   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)                                         AR20090001391



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001391



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150001556

    Original file (20150001556.txt) Auto-classification: Approved

    The applicant stated in his previous application: a. His records contain: a. He described these injuries as "superficial" and stated he believed the injuries may have been cause by shrapnel from the explosion.

  • ARMY | BCMR | CY2009 | 20090001134

    Original file (20090001134.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 17 MARCH 2009 DOCKET NUMBER: AR20090001134 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that he was wounded by shrapnel during a mortar attack on 20 July 2006. However, there is no evidence of record which verifies his injuries were a result of hostile action.

  • ARMY | BCMR | CY2009 | 20090009932

    Original file (20090009932.txt) Auto-classification: Denied

    The applicant states he was wounded by shrapnel from enemy fire in Korea on 29 May 1953 and that at the time of receiving the wound, he told the medic or doctor that he did not want the Purple Heart for fear of a telegram going home to his wife. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in...

  • ARMY | BCMR | CY2014 | 20140010945

    Original file (20140010945.txt) Auto-classification: Denied

    This regulation further stated that the date the wound or injury occurred would also be placed in item 40. c. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. He provides a document titled Rating Decision, dated 13 July 1971, which appears to be from VA. On the document it essentially states: * the applicant made a claim for service-connection for shrapnel wounds * available medical records did not show any treatment for shrapnel wounds but his...

  • ARMY | BCMR | CY2008 | 20080015686

    Original file (20080015686.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080015686 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In the absence of a completed, authenticated, and verified casualty report, or other evidence which clearly shows the applicant suffered a wound or injury as a result of hostile action, that he was treated for this wound or injury, and that his treatment was made a matter of...

  • ARMY | BCMR | CY2013 | 20130012493

    Original file (20130012493.txt) Auto-classification: Denied

    Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. However, in the absence of orders or documentation that conclusively shows he was...

  • ARMY | BCMR | CY2012 | 20120018508

    Original file (20120018508.txt) Auto-classification: Denied

    The sworn statement he provided shows the convoy was hit with RPG's after the collision. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed mine or trap *...

  • ARMY | BCMR | CY2011 | 20110015862

    Original file (20110015862.txt) Auto-classification: Denied

    It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of...

  • ARMY | BCMR | CY2013 | 20130004723

    Original file (20130004723.txt) Auto-classification: Denied

    The applicant requests award of the Purple Heart. The applicant provides: * Congressional correspondence * Denial letter from the U.S. Army Human Resources Command (HRC) * DA Form 4187 (Personnel Action), request for award of the Purple Heart * Incomplete DA Form 2173 (Statement of Medical Examination and Duty Status) * Standard Forms 600 (Chronological Record of Medical Care) * Incomplete DD Form 261 (Report of Investigation - Line of Duty and Misconduct Statement) * DD Form 214...

  • ARMY | BCMR | CY2014 | 20140003736,

    Original file (20140003736,.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) of this form lists all the awards shown on his DD Form 214 and includes the Air Medal (2nd Award) and the Combat Infantryman Badge. Notwithstanding item 40 of an SF 88 contained in the applicant's record, wherein he stated he sustained shrapnel wounds, and the statements provided by two former members of his unit, the evidence does not sufficiently show he was...