BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012483 


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, reconsideration of his previous request for award of the Purple Heart.

2.  The applicant states, that he is using the logic as applied in accordance with Army Regulation 600-8-22 (Military Awards) stating that “In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made.”  He also states that he was injured as a direct result of the actions of the detainees who were declared “enemy combatants” by the Task Force 134 Commanding General during the spring 2007 riots and he submitted his Combat Action Badge orders to verify the decision.  He further states his wound was closed but notes a physical lesion is not required.   He states that his wound was made a matter of public record as indicated by his line of duty (LOD) investigation.  The applicant continues by stating that the wound was not sustained by his own negligence and the LOD states that he tripped over a blanket while he was in the act of clearing a building which had been set on fire by a declared enemy.

3.  The applicant submitted a copy of a DA Form 2173 (Statement of Medical Examination and Duty Status); Permanent Orders Number 308-006, dated 
4 November 2007, a copy of an email Subject:  Last informal Communication; 

and a copy of Orders Number 303-049, dated 30 October 2006, in support of this application

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080007781, dated 22 July 2008.

2.  The applicant provided a copy of a DA Form 2173; Permanent Orders Number 308-006, dated 4 November 2007; and a copy of an email Subject:  Last Informal Communication, which is considered new evidence and merits consideration by the Board.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was ordered to active duty in support of Operation Iraqi Freedom on 17 June 2006.  He was subsequently honorably released from active duty on 15 October 2007 and transferred to the Army National Guard of Ohio.

4.  The applicant submitted a DA Form 2173, dated 25 August 2007, which shows the applicant was examined on 4 June 2007 for joint pain localized in his right knee as a result of tripping over a blanket while clearing a building during a riot and landing hard on his right knee on 16 April 2007.

5.  The applicant submitted a copy of Permanent Orders Number 308-006, published by Headquarters, 177th Military Police Brigade, Multi-National Force-Iraq, dated 4 November 2007, which shows he was awarded the Combat Action Badge on 14 April 2007, for engaging or being engaged by the enemy.

6.  The applicant submitted a copy of an email he sent to a Major (MAJ) C—n, dated 16 March 2009, subject: Last Formal Communication, in effect, requesting clarification about how he (the applicant) received the wound to his knee.

7.  The applicant further submitted a response email from MAJ C—n, dated
16 Mach 2009, wherein he states that he does not remember the applicant’s particular medical case but he remembers the incident.  The MAJ states that the vague unclear line the applicant is referring to comes from an electronic medical record system and has no influence over the case.  He concludes by stating that he is unable to comment on the specifics of the applicant’s case since he does not have the original medical documentation.


8.  The applicant submitted a follow-on email dated 8 April 2009, from MAJ 
C--n, in which he states that he has reviewed the documents the applicant sent, 
but again without the original Standard Form 558 (Medical Record – Emergency Care and Treatment) he cannot write a statement on the applicant’s behalf.

9.  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. When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

DISCUSSION AND CONCLUSIONS:

The LOD report provided by the applicant is not sufficient evidence alone upon which to base a correction of his records.  The award of the CAB is not the basis for award of the Purple Heart.  There is no evidence of record and the applicant did not provide any corroborating evidence which shows he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of such evidence, there is an insufficient basis on which to grant 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 to amend the decision of the ABCMR set forth in Docket Number AR20080007781, dated 22 July 2008.



      _______ _   ___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)                                         AR20090012483



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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