IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090001966
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 that he was injured in Tikrit, Iraq, on 9 August 2006, and that others who were injured during the same incident were awarded the Purple Heart.
3. The applicant provides a copy of a VA Form 21-4238 (Statement in Support of Claim), dated 29 September 2008, in support of his application:
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army for a period of 4 years and 19 weeks on 10 February 2004. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He also completed the Basic Airborne Course and the Ranger Course. He was honorably released from active duty in the rank/grade of corporal (CPL)/E-4 on 23 March 2008.
2. The applicants record further shows he served in Afghanistan from 4 January 2005 to 12 April 2005 and 8 April 2007 to 7 July 2007 and in Iraq from 10 October 2005 to 6 January 2006 and 4 July 2006 to 6 October 2006. He was assigned to the 1st Battalion, 75th Ranger Regiment.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal with Arrowhead, the Global War on Terrorism Service and Expeditionary Medal, the Army Service Ribbon, the Expert and Combat Infantryman Badges, the Ranger Tab, and the Parachutist Badge.
4. The applicants medical records are not available for review with this case.
5. An email, dated 27 April 2009, from the Army Casualty and Mortuary Branch, Human Resources Command, Alexandria, VA, indicated that there was no casualty report for an injury or wound as a result of enemy action recorded for the applicant.
6. The applicant submitted a copy of his statement in support of a VA claim, dated 29 September 2008, in which he states that on 9 August 2006, his unit received intelligence information of a high level enemy operation/location. His platoon and attached elements loaded up in the Stryker vehicles and headed out to execute the mission. He was riding in the lead vehicle when the Stryker he was riding in ran over an anti-tank mine. The explosion catapulted the Stryker into the air. He was launched into the thick steel roof of the Stryker and felt immense pain in his left shoulder. He assisted with the unloading of a comrade who suffered severe burns and shrapnel wounds into a medical evacuation helicopter. Upon returning to base, he notified medical personnel that he pulled his shoulder and would drive on with his duties. However, his pain did not subside and even when he returned to the United States, his pain did not go away. He ultimately started a medical process at Fort Stewart, GA, where he had an MRI (Magnetic Resonance Imaging) that revealed he had suffered a torn ligament, rotator cuff, and bone spurs, and ultimately underwent shoulder surgery on 26 September 2007.
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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Purple Heart, and the evidence presented, was carefully considered; however, there is insufficient evidence to support award of the Purple Heart in this case.
2. There is no evidence that the applicant was wounded or injured as a result of the alleged anti-tank mine explosion on 9 August 2006 or that he was treated for such injury. Furthermore, there was no casualty report prepared at the time of the incident.
3. The decision of whether to award an individual the Purple Heart is made by the commander having award approval authority after ensuring that the individual met the criteria for this award. 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 official records, there is insufficient 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:
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.
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