IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020502 


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 reconsideration of earlier requests for award of the Purple Heart. 

2.  The applicant states he has a traumatic brain injury, hearing loss, and other injuries due to two separate incidents (an IED [improvised explosive device] explosion in May 2003 and rocket propelled grenade or mortar blast on 2 July 2003) while serving in Iraq.

3.  The applicant provides:

* a letter (request for reconsideration) from a Member of Congress, dated
2 August 2010
* eyewitness statements from his former platoon sergeant and a fellow member of his platoon

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070004011, on 14 August 2007 and Docket Number AR20080015350, on 9 December 2008.

2.  The two eyewitness statements provided by the applicant are new evidence which warrants consideration by the Board.


3.  The applicant provided an eyewitness statement, dated 16 July 2010, from his former platoon sergeant at the time in question.  He attests he served with the applicant in Iraq from January to September 2003 and the applicant served as a member of his squad and later his platoon.  He states they were in a convoy and an IED hit a vehicle in the convoy but impacted three vehicles.  The applicant's vehicle, which was in front of the direct hit vehicle, was exposed to a lot of the impact from the IED.  Due to the impact of the blast, the applicant was thrown forward in the cab of the truck striking his window and the cab corner of the truck.  He contends the blast not only caused the applicant a head injury but also a loss of faith to continue the mission.  He goes on to state he ordered the applicant to seek medical attention and the applicant reported back to him with a bottle of ibuprofen.  He also states on approximately 2 July 2003 while the applicant was guarding military equipment, the site was ambushed by enemy insurgents firing mortars and rocket propelled grenades.  A round landed close to where the applicant was positioned and his head was struck by the building material from the fox hole that was moved by the blast.  The applicant again was looked over by the medics only to be given the same medication.  He further states the applicant and many other Soldiers were overlooked for being awarded the Purple Heart and Combat Action Badge because their company was undergoing a critical investigation that stopped all favorable actions of awards or any other actions to be granted at that time.  He recommends the applicant be awarded the Purple Heart.

4.  The applicant also provided an undated eyewitness statement from a fellow Soldier at the time in question.  He reiterates what the applicant's former platoon sergeant reported in his statement.

5.  Having prior service in the Iowa Army National Guard, the applicant enlisted in the Regular Army on 31 January 2001.  He served in Southwest Asia from 
5 November 2002 to 26 November 2002 and again from 4 March 2003 to 
26 September 2003.  On 30 January 2004, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

6.  Along with his original request, the applicant provided a copy of a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 30 August 2003, that shows he received medical treatment for pain, hearing loss, and dizziness that he attributed to a blast injury that occurred approximately 3 months earlier.  The document offers no information detailing the source or circumstances of this blast.


7.  The applicant's military service records contain a DA Form 2807-1 (Report of Medical History), dated 21 November 2003, that he completed for the purpose of documenting his medical and physical condition at the time of his separation processing.  In response to the question “Have You Ever Had or Do You Now Have:” in Item 11g (A hearing loss or wear a hearing aid), the applicant made a mark in the “Yes” column.  Item 29 (Explanation of "Yes” Answer(s) - Describe answer(s), give dates(s) of problem, name of doctor(s) and/or hospital(s), treatment given and current medical status) of this document shows the applicant entered “11 G)  Have slight hearing loss [due] to exposure to loud noises in Operation Iraqi Freedom.”  This document shows the examining physician assistant commented on the responses provided by the applicant indicating "hearing loss - audiogram OK" and also placed his signature on the document.

8.  His military service records contain a DA Form 2697 (Report of Medical Assessment), dated 21 November 2003, that he also completed for the purpose of documenting his medical and physical condition at the time of his separation processing.  There is no indication that the applicant made reference to a head injury, hearing loss, or other injuries related to events in May 2003 or 2 July 2003.  This document also shows the applicant and examining physician assistant both placed their signatures on the document.

9.  His military service records contain a DA Form 2808 (Report of Medical Examination), dated 21 November 2003, that was completed by the examining physician assistant for the purpose of documenting the applicant’s medical fitness at the time of his separation.  The applicant’s Audiometric Data shows a “Significant Threshold Shift of 2+” and, in pertinent part, contains the note “Routinely Noise Exposed.”  There is no reference made to a head injury or other injuries related to events in May 2003 or on 2 July 2003.  This document also shows the examining physician assistant and reviewing medical officer both placed their signatures on the document.

10.  Army Regulation 600-8-22 (Military Awards) provides 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:

No evidence of record shows the applicant was wounded as a result of hostile action in Iraq.  In the absence of orders or other evidence of record showing that 


the applicant was injured or treated for wounds as a result of hostile action in Iraq, the eyewitness statements provided by the applicant alone are not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence in which to base 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 decisions of the ABCMR set forth in Docket Number AR20070004011, on 14 August 2007 or Docket Number AR20080015350, on 9 December 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)                                         AR20100020502



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020502



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1