IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025395 


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, in effect, that he was wounded in Iraq and now has obtained the necessary documentation to overturn the Army Human Resources Command, Military Awards Branch memorandum stating  there was insufficient medical documentation to grant the award.  

3.  The applicant provides copies of his DD Form 214, a DA Form 2173 (Statement of Medical Examination and Duty Status), a 13 August 2004 Standard Form (SF) 600 (Chronological Record of Medical Care), a 13 August 2004 Individual Sick Slip, a DA Form 4187 (Personnel Action) [awarding him the Purple Heart], A DA Form 2823 (Sworn Statement), two DA Forms 1156 (Casualty Feeder Report), and a 25 October 2005 memorandum from the Army Human Resources Command, Military Awards Branch.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant, an Army National Guard Soldier, had nine years of prior inactive service and two periods on active duty.

3.  The applicant's 15 April 1994 DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Army Achievement Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Handgrenade Bars.

4.  On 5 January 2004 the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He served in Kuwait and Iraq from 21 March 2004 to 26 March 2005 with Company C, 39th Support Battalion, 1115th Transportation Regiment, 29th Brigade Combat Team.

5.  A 13 August 2004 SF 600 shows the applicant received follow-up treatment for injuries arising from an improvised explosive device (IED) blast of 11 August 2004.  He was treated for continuing headaches, "jitters", a sore back, and a wound to his leg.  Additionally, he was treated for an unrelated rash to his left arm and leg. 

6.  The two DA Forms 1156, both dated 13 August 2004 state that the applicant received a burn to his leg on 11 August 2004 from a IED blast. 

7.  A 10 January 2005 DA Form 2173 states that on 11 August 2004 the applicant was in a convoy when an IED blast occurred.  He received a shrapnel burn to his left calf.  The injury was considered to have been in the line of duty.

8.  An undated DA Form 4187, shows the applicant was approved for award of the Purple Heart for an injury sustained as a result of an IED blast on 11 August 2004.  

9.  The applicant was released from active duty on 25 April 2005.  His DD Form 214 lists his awards as the Army Achievement Medal, National Defense Service Medal (2nd award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and the Driver and Mechanic Badge with "W" Bar. 


10.  On 24 July 2005 the applicant was honorably discharged from the Army National Guard.  His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) lists his awards as the Army Service Ribbon, National Defense Service Medal (2nd award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Driver and Mechanics Badge with "W", Army Good Conduct Medal, and the Combat Action Badge.

11.  On 25 October 2005, the Army Human Resources Command, Military Awards Branch, returned a request for award of the Purple Heat without action due to a lack of appropriate medical documentation.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was wounded in Iraq and has now obtained the necessary documentation to overturn the Army Human Resources Command, Military Awards Branch memorandum stating  there was insufficient medical documentation to grant the award.  

2.  The official military documents provided by the applicant clearly shows he was injured as a result of shrapnel from an IED in Iraq on 11 August 2004.  The incident is properly documented on the appropriate forms.

3.  The applicant's chain of command approved an award of the Purple Heart; however, it appears that the Awards Branch denied the award due to a reported lack of medical records to substantiate treatment for the wound.

4.  The medical records show applicant received treatment for a burn on his left calf on 11 August 2004 as a result of an IED blast.   On 13 August 2004, the applicant returned for follow-up treatment for headaches, a sore back, jitters, and additional treatment of the burn on his calf.  A record of this treatment is now available.  
5.  The applicant is clearly shown to have been wounded on 11 August 2004 as a result of hostile action, he received treatment for this wound, and the medical treatment was made a matter of official record.  Therefore, it is appropriate to award the applicant the Purple Heart for the wound received on 11 August 2004.

6.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle and Handgrenade Bars were not carried forward from his 1994 DD Form 214 to his current DD Form 214.  It is appropriate to correct this oversight.

7.  The applicant's NGB Form 22 shows that in addition to the awards listed on his DD Form 214, that applicant was also awarded the Army Good Conduct Medal and the Combat Action Badge.  It is appropriate to correct the DD Form 214 to include these awards.

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 the applicant the Purple Heart for wounds received on 11 August 2004.

	b.  by showing that in addition to awards listed on the 2005 DD Form 214, the applicant is also authorized award of the Good Conduct Medal, Purple Heart, 

Combat Action Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle and Handgrenade Bars.



      _____________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)                                         AR20100025395





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ABCMR Record of Proceedings (cont)                                         AR20100025395



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