IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20090003464 


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 she was injured in 2004 while serving as a machine gunner with the 293rd Military Police Company in Iraq.  She adds that she was told by her commander she would not be submitted for award of the Purple Heart because she did not have a lesion.  She also adds that she was honorably discharged in 2007 following a medical evaluation board (MEB) due to these injuries and that her DD Form 214 (Certificate of Release or Discharge from Active Duty) states that her injuries were a result of combat.  She concludes that she is rated as 70 percent disabled by the Department of Veterans Affairs (DVA).

3.  The applicant provides a copy of her DD Form 214, dated 5 March 2007, and a copy of the DVA decision rating, dated 10 October 2007, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army on 24 April 2003.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31B (Military Police).  The highest rank/grade she attained during her military service was specialist/E-4.

2.  The applicant’s records further show that she served in Iraq in support of Operation Iraqi Freedom from 6 March 2004 to 6 March 2005.  She was assigned to the 293rd Military Police Company.
3.  On 16 August 2006, the applicant underwent a medical examination at Fort Stewart, GA.  She complained of low back pain and/or right shoulder pain that were aggravated by being a gunner and constantly hitting the turret when improvised explosive devices (IEDs) exploded.  She was diagnosed with chronic low back pain with degenerative disc disease.  She subsequently underwent an MEB for the two conditions on 8 December 2006.  She was referred to a physical evaluation board (PEB).

4.  On 11 January 2007, a PEB convened at Fort Sam Houston, TX and determined the applicant's chronic low back pain and chronic right shoulder pain to be unfitting and recommended the applicant's separation with entitlement to severance pay.  The applicant concurred.

5.  The applicant's records show that she was honorably discharged on 5 March 2007 by reason of disability with entitlement to severance pay.  The DD Form 214 she was issued shows she completed 3 years, 10 months, and 12 days of creditable honorable service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service and Expeditionary Medals, the Army Service Ribbon, the Overseas Service Ribbon, and the Combat Action Badge.  Item 13 does not show award of the Purple Heart.

7.  The applicant’s available medical records do not show she was injured and/or wounded as a result of hostile action or that she was treated for a combat injury that resulted from hostile action.

8.  An email message, dated 25 March 2009, from the Army Casualty and Mortuary Branch, Human Resources Command, Alexandria, Virginia, indicated that there is no casualty report for an injury or wound as a result of enemy action recorded for the applicant.

9.  The applicant submitted a copy of her DVA rating decision, dated 10 October 2007, that shows she received various levels of disability ratings for miscellaneous service-connected medical conditions including migraine headaches, post traumatic stress disorder, right shoulder pain, tinnitus, lumbosacral sprain, irritable bowel syndrome, allergic rhinitis, folliculitis, and miscarriage. 


10.  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 she is entitled to award of the Purple Heart and the evidence presented were 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 hostile action during her service in Iraq.  Additionally, there was no casualty report prepared at the time of the incident.

3.  The decision 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 award of the Purple Heart.  There is no evidence that the applicant's immediate commander disqualified her from award of the Purple Heart "because she did not have a lesion."

4.  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 she was treated for this wound or injury, and that her treatment was made a matter of official records, there is insufficient evidence to award her 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.

															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)                                         AR20090003464



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ABCMR Record of Proceedings (cont)                                         AR20090003464



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