IN THE CASE OF:	  

		BOARD DATE:	  	   21 May 2009

		DOCKET NUMBER:  AR20090002515 


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, award of the Purple Heart for injuries sustained while serving in support of Operation Iraqi Freedom.

2.  The applicant states, in effect, that he should have been awarded the Purple Heart for injuries sustained when an improvised explosive device (IED) detonated five meters from him on 4 December 2005 in Iraq knocking him unconscious.  He also states, in effect, that as result of the IED detonation, he is still being treated for migraine headaches and has been diagnosed by the Department of Veterans Affairs (VA) with a traumatic brain injury as a result of the explosion, leaving him with permanent hearing damage.

3.  The applicant provides a copy of his medical records and a copy of his VA Rating Decision in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 7 February 2001, the applicant enlisted in the Rhode Island Army National Guard (RIARNG).  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  The applicant's records show that he was ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom on 3 January 2005 in MOS 11B.  The highest rank he attained while serving on active duty was sergeant/E-5.

3.  The applicant submitted copies of his health records which contain Chronological Records of Medical Care from 7 December 2005 through 6 January 2006 which show that on 4 December 2005 the applicant was wounded in action when an IED exploded on the right front side of his vehicle.  He reported that he suffered right side eye pain, a headache, and mild musculoskeletal aches.  He was prescribed Ibuprofen; he was apparently later prescribed Motrin and Percocet.

4.  The applicant submitted a copy of an eye examination with the 332nd Air Force Theater Hospital, Ophthalmology, dated 6 January 2006 which shows that he was seen for an eye examination due to an IED blast.  The patient reported that he lost consciousness during the incident and suffers from migraines headaches.
5.  On 9 June 2006, the applicant was honorably released from active duty after completing a total of 1 year, 5 months, and 7 days of active military service and transferred to a unit within the Rhode Island Army National Guard.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he earned the following awards:  the Army Commendation Medal (4th award), the Joint Service Achievement Medal, the Air Force Achievement Medal (2nd award), the Air Force Outstanding Unit Award, the Air Reserve Forces Meritorious Service Medal (2nd award), the National Defense Service Medal (2nd award), the Armed Forces Expeditionary Medal, the Army Lapel Button, the Southwest Asia Service Medal (2nd award), the Global War on Terrorism Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Air Force Longevity Service Award Ribbon, the Air Force Training Ribbon, the Armed Forces Reserve Medal with "M" Device, and the North Atlantic Treaty Organization Medal.

6.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.

7.  The applicant submitted a copy of his VA Rating Decision from the Providence, Rhode Island, VA Medical Center Regional Office, dated 18 April 2007, which shows that he was rated for a service-connected disability at 10 percent for status post-IED blast injury with left shoulder sprain with partial frozen shoulder; service-connected at 10 percent for low back strain, status post-IED blast injury; service-connected at 10 percent for bilateral tinnitus; service-connected at 10 percent for status post-closed head injury with concussion and status post-traumatic migraine headaches.  The VA Medical Center determined that the following conditions were not related to his military service and were denied a determination of service-connected:  mild obstructive ventilory impairment, claimed as breathing problems; hearing loss; history of traumatic iritis, right eye; and congenital cervical spine anomaly and multiple injuries and fractures related to a pre-active motor vehicle accident.

8.  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 and submissions to include his sworn statement giving details of his injury as a result of an IED were carefully considered and found to be sufficient in evidence to support award of the Purple Heart.

2.  The evidence of record shows the applicant sought medical treatment for injuries he received when an IED exploded near his vehicle.  The evidence of record also shows that the applicant was given Ibuprofen for pain management.  Therefore, his records should be corrected to show award of the Purple Heart.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by awarding him the Purple Heart for wounds received on 4 December 2005 and adding it to his DD Form 214 for the period ending 9 June 2006.



      ___________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)                                         AR20090002515



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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