IN THE CASE OF:	  

		BOARD DATE:	    16 September 2010

		DOCKET NUMBER:  AR20100008488 


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 upgrade of his award of the Meritorious Service Medal (MSM) to a Bronze Star Medal (BSM).  He also requests award of the Purple Heart for injuries sustained in combat in Iraq on 19 August 2005.

2.  The applicant states that he received a combat award of the MSM in 2006 for his service in support of Operation Iraqi Freedom (OIF) III.  However, the MSM is not a theater combat medal by regulation and he should have been awarded the BSM as the appropriate award.  He further states that his commander wanted to award him the BSM; however, the brigade commander put a limitation on the number of BSMs that could be awarded.  He continues by stating that he sustained a combat injury (traumatic dislocation of right shoulder) while under a mortar attack at Lutafiyah, Iraq in August 2005 and he was treated by his own medic because he was the only medical officer present at the time.  He goes on to state that later after the transition to the forward operating base (FOB), he was seen by a medical officer and the injury later resulted in a major surgical procedure at his demobilization site the following year; however, the Purple Heart was never conferred.  He also states that he is receiving a 10% disability rating percentage from the Department of Veterans Affairs (VA) for this injury.

3.  The applicant provides a list of sixteen supporting documents in his application.


CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), section II, paragraph 2-5, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available to them.

2.  On 4 and 10 October 2007, the applicant dispatched letters to the Human Resources Command, Alexandria, VA (HRC-ALEX) requesting award of the Purple Heart and upgrade of his MSM to a BSM.  Officials at the Military Awards Branch advised the applicant that his injury did not meet the criteria for award of the Purple Heart and that he had 1 year from the date his MSM was approved to request an upgrade of the award.  He was also advised that he could request an upgrade of his MSM under the provisions of Title 10, U.S. Code, section 1130, which allows for referral by a member of Congress.  There is no evidence to show that the applicant exercised that option.  Therefore, in the absence of evidence to show that he has exhausted his administrative remedies by requesting an upgrade of his MSM to a BSM under the provisions of Title 10, U.S. Code, section 1130, the BSM will not be discussed further in these proceedings.

3.  The applicant was serving in the Georgia Army National Guard (GAARNG) as a physician’s assistant in the rank of captain on 3 January 2005 when he was ordered to active duty in support of Operation Iraqi Freedom.  He deployed to Iraq on 17 May 2005.

4.  He was awarded the Combat Medical Badge for performing medical duties while engaged in active ground combat operations under enemy fire on 2 June 2005.

5.  On 20 August 2005 the applicant went on sick call with complaints of shoulder pain for 1 day.  He indicated that the night prior, while running to help an Iraqi National Guard soldier during a mortar attack, he hurt his shoulder when a blast knocked his bag off of his ride side.  The medic (a specialist (SPC)) recommended “follow up at STRYKER with ORTHO at AF EMEDS on BIAP once returned from St. Michaels.”

6.  On 29 August 2005 the applicant was seen by a Physician Assistant (PA) with complaints of right shoulder pain.  He was prescribed 800 milligrams of Ibuprofen for pain/inflammation and prescribed therapy exercises and rubber bands following Rockwood protocol.  He indicated he would follow rehab progress.

7.  The applicant departed Iraq on 19 April 2006 and on 1 July 2006, he was honorably released from active duty at Fort Stewart, GA due to completion of required service and he was returned to his GAARNG unit.

8.  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 request to be awarded the Purple Heart for injuries sustained in Iraq on 19 August 2005 has been noted; however, there is insufficient evidence in this case to substantiate that his injury was the result of enemy action and that the injury required treatment by medical personnel.

2.  While the sincerity of the applicant’s claim is not in doubt, the available evidence suggests that the applicant’s medical bag fell off of his shoulder while he was en route to render aid to an Iraqi National Guard soldier on 19 August 2005.  The applicant went on sick call the next day and he was seen by a medic, but it appears he was not prescribed any treatment at that time and then 10 days later he received some medication for pain from a fellow PA.

3.  It does not appear that the applicant’s injury meets the criteria intended for award of the Purple Heart.  Therefore, in the absence of more compelling evidence, there appears to be no basis for awarding the applicant a Purple Heart.

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 the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100008488



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20