IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090014858 


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 and the Combat Action Badge.

2.  The applicant states he was not awarded a Purple Heart when injured by the enemy and no Combat Action Badge was awarded.

3.  The applicant provides copies of a Standard Form 600 (Chronological Record of Medical Care); a DA Form 4187 (Personnel Action); four DA Forms 2823 (Sworn Statement); three witness statements, correspondence from the Military Awards Branch, and Congressional correspondence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's service medical records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

2.  The applicant enlisted in the Regular Army on 17 September 2003, completed training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  He served in Iraq from 16 June 2004 through 18 June 2005 with the 2nd Battalion, 15th Regiment, 2nd Brigade Combat Team, 10th Mountain Division.   


4.  A Standard Form 600, dated 12 September 2004, shows the applicant was seen for follow-up treatment for a wound received the previous day.  The history section states the applicant was initially treated on the scene by the medic following his vehicle hitting an improvised explosive device (IED).  The physical examination shows a non-bleeding superficial three inch laceration to the right thigh with ecchymosis (deep bruising).  The diagnosis was ecchymosis and superficial laceration of right thigh.  The treatment rendered at this time was a  prescription for naproxen and application of bacitracin ointments (topical antibiotics).  

5.  The National Institutes of Health and Department of Health & Human Services web-based medical dictionary, MedlinePlus, defines a laceration as a torn and ragged wound; a superficial wound is a wound lying on, not penetrating below, or affecting only the surface tissue; and ecchymosis as a hematoma or contusion, commonly called bruising.

6.  A DA Form 4187 was prepared recommending award of the Purple Heart for a wound sustained in action on 11 September 2004.  It states that while participating in combat operations the vehicle hit two landmines and the applicant was tossed around the vehicle sustaining a cut on his thigh.  The action was not finalized.

7.  The applicant was honorably discharged on 11 January 2007, for a physical disability with severance pay, in pay grade E-4.  

8.  His DD Form 214 shows he had 3 years, 3 months, and 25 days of creditable service and no lost time.  His awards are listed as the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Iraq Campaign Medal. 

9.  The applicant's official military record contains no record of disciplinary action or other adverse action and does not contain any statement indicating the applicant was disqualified for award of the Good Conduct Medal.

10.  The applicant submitted statements from three individuals, a captain (who was the patrol leader) and two specialists (SPC) assigned to the vehicle at the time of the incident.  All three individuals state the applicant sustained a laceration to his thigh when the vehicle they were in hit an IED.  SPC S---- states he was the unit's medic and treated the applicant on site for a wound to his thigh. The wound was not serious enough to warrant medical evacuation.

11.  In the development of his case the applicant requested assistance from his Congressman and the Congressman communicated with the Army Awards Branch on the applicant's behalf.  In the responses to the Congressman's inquiries, the applicant was advised his request for award of the Purple Heart was denied.  The 19 March 2007 Awards Branch letter states the applicant suffered a superficial three inch laceration to his right thigh that was "treated with naproxen and bacitracin ointment.  Since this injury did not require treatment by a medical official it does not qualify for award of the Purple Heart."  The 4 May 2007 letter again states that since the injury did not require treatment by a medical official it does not qualify for the award of the Purple Heart.  Both letters erroneously state the applicant was requesting award of the Purple Heart for injuries received during World War II.

12.  Army Regulation 600-8-22 (Military Awards) sets forth the policy, criteria, and administrative instructions concerning individual and unit military awards.  In pertinent part it provides the following:

	a.  for award of the Purple Heart:

		(1)  while clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather the individual is entitled to it upon meeting specific criteria;

		(2)  a wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed in paragraph 2-8b;

		(3)  a physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record;

		(4)  an example of enemy-related injuries which clearly justify award of the Purple Heart include an injury caused by an enemy placed mine or trap; and

		(5)  the regulation does not specify how severe a wound has to be or how extensive the treatment must be to be entitled to award of the Purple Heart.

	b.  for the Good Conduct Medal:

		(1)  the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified; 

		(2)  in instances when a disqualification was determined by the unit commander, the commander must prepare a memorandum stating the rationale for the decision.  This memorandum must include the period of disqualification and must be referred to the individual according to Army Regulation 600-37, paragraph 3-6 for comment; and

		(3)  the disqualification documents are to be permanently filed in the Soldier's Official Military Personnel File (OMPF) with copies forwarded to the Personnel Services Company and the Personnel Automation Section chief to update the Electronic Military Personnel Office files. 

	c.  the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.

13.  MILPER MESSAGE Number 08-123 AHRC-PDP-A stated a bronze service star is authorized to be worn on the Iraq Campaign Medal for each campaign in which an individual participates.  The applicant served during two campaign periods: Transition of Iraq (2 May 2003 – 28 June 2004), and Iraqi Governance (29 June 2004 – 15 December 2005).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was not awarded a Purple Heart when injured by the enemy and no Combat Action Badge was awarded.

2.  In a letter written to the applicant and his Congressman, the Military Awards Branch stated that the applicant suffered a superficial three inch laceration to his right thigh that was treated with naproxen and bacitracin ointment.  In the very next sentence it was stated that the wound did not require treatment by a medical official; therefore, it does not qualify for award of the Purple Heart.  These are contradictory statements.
3.  The 12 September 2004 SF 600 treatment record was completed by a medical doctor that shows the applicant was treated at that time.  The wound was described as being superficial.  The nature or extent of the treatment is not the issue; the available evidence clearly shows the applicant received treatment for a wound incurred as a result of hostile action on 11 September 2004.  Therefore, the applicant is entitled to award of the Purple Heart for this wound.

4.  The medical treatment record, recommendation for award of the Purple Heart, DD Form 214, and the four statements that contend the applicant was injured when viewed together are sufficient evidence to show the applicant was performing duties in a hostile fire/imminent danger pay area.  The applicant was personally present and actively engaging or being engaged by the enemy, and he was performing satisfactorily in his accordance with the prescribed rules of engagement.  Therefore, he meets the criteria for award of the Combat Action Badge. 

5.  The applicant served on active duty for 3 years and 3 months.  His service ended as a result of being found medically unfit for retention.  The official record contains no derogatory information and no memorandum indicating the applicant was disqualified for award of the Good Conduct Medal. 

6.  The absence of a disqualifying statement from the applicant's chain of command combined with his personal awards, promotion to E-4, honorable characterization of service, and the fact that he served and was wounded as a result of hostile fire in an imminent danger pay area makes it reasonable to believe it is appropriate to award the applicant the Good Conduct Medal for his period of service from 17 September 2003 through 16 September 2006.

7.  The applicant served in Iraq during two campaign periods and he is authorized to wear two bronze service stars on his Iraq Campaign Medal.

8.  Based on the above facts and findings, it is appropriate to correct the applicant's records by awarding him the Purple Heart, the Good Conduct Medal, 
the Combat Action Badge and correcting his DD Form 214 to show these awards to include two bronze service stars to be worn on the already-awarded Iraq Campaign Medal.

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:

   a.  awarding him the Purple Heart, the Good Conduct Medal, and the Combat Action Badge;
   
   b.  adding to his DD Form 214 the above awards to include two bronze service stars to be worn on his already-awarded Iraq Campaign Medal; and
   
   c.  providing him a document to show the above corrections.




      	_______ _   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)                                         AR20090014858



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ABCMR Record of Proceedings (cont)                                         AR20090014858



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