IN THE CASE OF:
BOARD DATE: 9 April 2010
DOCKET NUMBER: AR20090016962
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 correction of his military records to show that he was awarded the Purple Heart for injuries received in Iraq.
2. The applicant states he was thrown backward by rocket propelled grenades and sustained injuries to his neck and back. He was medically evacuated and treated for his injuries.
3. The applicant provides a copy of his commander's request to the U.S. Army Human Resources Command (USAHRC), Alexandria, VA for award of the Purple Heart and an Operation Report from the Landstuhl Regional Medical Center (LRMC) in Germany.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was retired from the Regular Army as a staff sergeant.
2. On 12 February 2004, the applicant was assigned in Iraq for duty as an infantryman in military occupational specialty (MOS) 11B.
3. The applicant's AF Form 3899 (Aeromedical Evacuation Patient Record) shows that on 24 June 2004, he was processed for medical evacuation due to a battle casualty injury. The applicant stated that he had back pain for a week prior to the insurgent attack. He also stated that he was moving with heavy equipment
to a new position when the ambush occurred resulting in his falling down an
embankment and landing on his head and shoulder. He was evacuated first to the 31st Combat Support Hospital and then to the 332nd CASF (Contingency Aeromedical Staging Facility).
4. On 25 June 2004, the applicant was given Percocet for pain and was medically evacuated to LRMC. He was diagnosed with herniated disc C5-6 and C6-7 with left C6-7 radiculopathy. He subsequently underwent a corrective operation on 9 July 2004.
5. A DA Form 4187 (Personnel Action), dated 9 February 2006, initiated by the applicant's commander, recommended him for award of the Purple Heart. The remarks section of this form essentially states that the applicant sustained an injury to his neck and back during an insurgent attack. It further states that he was then evacuated from the area and eventually arrived at Landstuhl, Germany.
6. On 12 September 2006, the Chief, Military Awards Branch, USAHRC, disapproved the commander's request to award the applicant the Purple Heart. The disapproval stated, "that he had been experiencing pain in his back and left shoulder for a week after he had fallen down an embankment while changing positions during a fire fight, and had landed on his head and shoulder. " It further stated, "treated for pain with Percocet, which does not qualify for award of the PH."
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends his military records should be corrected to show award of the Purple Heart for injuries received in Iraq.
2. The evidence shows that the applicant was injured during the insurgent attack and was evacuated soon afterwards for medical care.
3. It appears USAHRC based their disapproval for award of the Purple Heart on an interpretation of the applicant's statement as saying he had acquired his injury a week prior to the attack by falling down an embankment. This is not what the statement conveyed. Furthermore, the Operation Report from LRMC may not have been available for review by USAHRC.
4. The applicant's statement was most likely entered by medical personnel using their own cryptic form, without proper punctuation to show clarity of thought. Therefore, with this in mind, a careful reading clearly shows that the applicant's injuries were the direct result of his falling down an embankment while moving with heavy equipment during an ambush.
5. The applicant's admission to having had back pain for the previous week is irrelevant. He obviously was fit for duty prior to the attack. The injuries sustained during the attack required his evacuation and surgery.
6. In view of the above, the applicant should be awarded the Purple Heart for injuries received in action on 24 June 2004.
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 him the Purple Heart for injuries sustained in combat in Iraq on
24 June 2004 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) AR20090016962
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