IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090003176
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 his lieutenant did not put him in for the Purple Heart; that he was enclosing records stating that he was wounded; and providing statements from men who were in his company.
3. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Standard Form (SF) 600 (Chronological Record of Medical Care), dated 5 May 2007, stating he was treated for a bullet graze to L. hand and signed by the company medic; and copies of three DA Forms 2328 (Sworn Statement) from unit members attesting that the applicant came under enemy fire and was slightly wounded in his left hand.
CONSIDERATION OF EVIDENCE:
1. The applicant was a Regular Army infantryman with active service from
14 October 2004 through 16 February 2008. He served in Afghanistan with Company A, 1st Battalion, 32nd Infantry. Item 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.
2. On 5 May 2007, the applicant was moving between the safe house and OP (Observation Post) when shots were fired. The applicant felt something hot
and noticed his left hand was bleeding from a gash. He was sent back to his firebase and seen by the company medic who diagnosed a bullet graze. The wound was cleaned and dressed.
3. The company medic completed an SF 600 noting the wound and the treatment for that wound.
4. Three comrades completed DA Forms 2823 which were duly sworn. Each statement attested to the fact that shots were fired, the applicant had a gash on the back of his left hand, and he was treated by the company medic.
5. In an email, the Deputy Chief, Army Casualty and Mortuary Branch, U.S. Army Human Resources Command, Alexandria, VA, stated there was no casualty report filed on the applicants wounding.
6. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides 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 required treatment by medical personnel; and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was wounded in action and entitled to the Purple Heart was carefully reviewed and found to have merit.
2. In order to qualify for award of the Purple Heart, a Soldier must be wounded as a 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.
3. Notwithstanding the failure of his unit to file a casualty report, the evidence of record shows the applicant was in a hostile fire area, he was fired upon, he suffered a gash to his left hand, he was treated by the company medic, and the medic completed an SF 600. Therefore, all of the requirements for award of the Purple Heart have been met.
4. Based on the above, the applicant should be awarded the Purple Heart and his records should be corrected to show this award.
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 concerned be corrected by awarding the applicant the Purple Heart for wounds received in action on 5 May 2007 and adding this award to item 13 of his DD Form 214.
__________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) AR20090003176
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