IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100014340 


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:

* He is entitled to the Purple Heart for injuries caused by enemy actions on 2 March 2004 at Camp Victory, Baghdad, Iraq
* He meets 100 percent of the criteria and he should have been awarded the Purple Heart at the same time he was awarded the Combat Action Badge
* He was blasted out of bed as a result of multiple rocket attacks injuring his right shoulder, bloodying his nose, and detaching his septum when blown against a wall locker
* The rocket blasts also caused hearing loss in both of his ears and constant tinnitus
* His request for the Purple Heart was delayed because he simply did not know the criteria for the award

3.  The applicant provides:

* A letter to the Army Review Boards Agency, dated 16 July 2009
* A website printout of the criteria for award of the Purple Heart contained in Army Regulation 600-8-22 (Military Awards), dated 25 February 1995



* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 15 May 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 January 2005
* A legal review of his Line of Duty Investigation (LODI), dated 15 May 2009
* LODI Determination, dated 15 May 2009
* Report of Medical Assessment, dated 15 May 2009
* Notification of authorization to wear service stars on his Iraq Campaign Medal, dated 5 December 2008
* U.S. Army Resources and Program Agency Permanent Orders 080-10, dated 21 March 2006, awarding him the Combat Action Badge
* Copies of Army Medical Records
* Permanent Orders 357-067, dated 22 December 2004, awarding him the Army Commendation Medal
* U.S. Army Human Resources Command (AHRC) letter, dated 19 January 2010, returning his request for award of the Purple Heart due to lack of required supporting documentation

CONSIDERATION OF EVIDENCE:

1.  The available records show the applicant was a member of the South Carolina Army National Guard (SCARNG) serving in the rank of chief warrant four (CW-4) when he was ordered to active duty in support of Operation Iraqi Freedom, effective 7 December 2003.

2.  He was released from active duty (REFRAD) at the completion of his required period of service on 31 January 2005.

3.  A review of the applicant's official military personnel file does not reveal any medical documentation dated between 7 December 2003 (the date he was ordered to active duty) and 31 January 2005 (the time of his REFRAD) showing he was medically treated for wounds or injuries that he received as a result of hostile action.

4.  The applicant's medical records show the earliest date he complained of shoulder pain was on 1 August 2004 when he visited a doctor and complained of shoulder pain that caused him difficulty sleeping.  He returned to the doctor for a follow-up visit on 2 August 2004.  On 4 August 2004 during a follow-up visit, he complained of chronic shoulder pain and stated he pulled or pinched his shoulder working out.  He was sent to the Combat Support Hospital for physical therapy.

5.  On 21 March 2006, Army Resources and Program Agency Permanent Orders 080-10, dated 21 March 2006, were published awarding him the Combat Action Badge for actively engaging or being engaged by the enemy during assignment in a hostile area on 2 March 2004.

6.  The DA Form 2173 completed on the applicant on 15 May 2009 shows he sustained a right shoulder injury, right knee injury, tinnitus, increased hearing loss and a bloody nose as a result of being blown from his bed during a rocket attack on 2 March 2004, while in Bagdad, Iraq.  His injuries were determined to have been incurred in the LOD.

7.  The applicant was placed on the Retired List on 18 May 2009.

8.  The applicant submits a letter to the Army Review Boards Agency dated 16 July 2009, in which he contends he was injured during a multiple rocket attack.  He states:

* He was violently expelled from his bed and thrown against the corner of a wall locker that was in his room
* His right shoulder and face hit the wall locker very hard, stopping the upper portion of his body from moving across the floor
* As the lower portion of his body wrapped around the locker he strained his right knee, right ankle, and lower back
* The explosions also exacerbated his hearing in both ears and increased his tinnitus
* His nose was bleeding profusely and he had a detached septum 
* He got his nose to stop bleeding, got dressed, grabbed ammunition, and exited the quarters preparing for an enemy assault
* He was treated for his injuries at "LSA" Anaconda in August 2004 and at a civilian clinic in 2005
* He was awarded the Combat Action Badge in 2006 as a result of this attack and for being directly engaged by enemy firepower

9.  On 19 January 2010, AHRC notified the applicant his request for the Purple Heart was being returned without action due to the lack of required supporting documentation to corroborate his description of the circumstances in which he was injured.  He was told his earliest medical documentation was dated 4 August 2004, more than 5 months after the rocket attack on 2 March 2004.  The applicant was told he was required to submit the official documentation of medical treatment he received immediately following the hostile fire incident.  The applicant was also told he could resubmit his request with the required supporting documentation for final determination of award of the Purple Heart.

10.  Through his Representative in Congress, the applicant submits a "buddy statement" authored by an individual who contends he has firsthand knowledge of the incident to which the applicant refers and that he was present at the time the applicant was injured on 2 March 2004.

11.  Army Regulation 600-8-22 (Military Awards) states 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's contentions have been noted and the supporting documentation he submitted has been considered.  However, he has failed to meet all of the requirements contained in Army Regulation 600-8-22 for award of the Purple Heart.

2.  Although the available evidence shows the applicant injured his shoulder while he was in Iraq, there is also an entry in his medical records stating he pulled or pinched his shoulder working out.

3.  Even if it could be positively determined that his shoulder was injured during the incident he describes on 2 March 2004, there is no evidence in the available record, nor has he submitted any evidence showing the injury required treatment by competent medical authority.  

4.  The applicant contends he was injured on 2 March 2004 and the earliest evidence of medical treatment for his injury did not occur until 1 August 2004, which was 5 months after he contends he was injured.  During a follow-up doctor's visit for shoulder pain on 4 August 2004 he stated he pulled or pinched his shoulder while working out.

5.  Additionally, the applicant provides no explanation as to why he was not awarded the Purple Heart at the time he contends he sustained his injury if he met the criteria for the award.  Even if he was unsure if he met the criteria, his commanding officer could have submitted documentation to the approval authority for a determination of his eligibility.  It is reasonable to presume that this action was not taken for the proper reasons.

6.  The LODI and supporting documents that were completed in 2009 simply are not sufficient evidence to show he meets the requirements contained in the applicable regulation for award of the Purple Heart.

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 for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20100014340



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ABCMR Record of Proceedings (cont)                                         AR20100014340



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