IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110010208
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 was treated on 24 April 2004 for a wound to his left leg after being injured in a mortar attack in Iraq.
3. The applicant provides copies of:
* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 25 April 2004
* Standard Form 600 (Chronological Record of Medical Care), dated 24 April 2004
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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, a member of the Arkansas Army National Guard, was honorably released from active duty on 15 April 2005 in the rank of staff sergeant. He completed 1 year, 6 months, and 4 days of active service during the period covered by the DD Form 214.
3. His DD Form 214 shows:
a. in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no Purple Heart and
b. in item 18 (Remarks), "SERVICE MEMBER RECEIVED IMMINENT DANGER PAY FROM 20040322-20050329 WHILE SERVING TIME IN IRAQ."
4. A DA Form 2173 provided by the applicant shows he was seen as an outpatient on 24 April 2004 for a "mortar attack injury, left leg, sustained, superficial."
5. A Standard Form 600 provided by the applicant shows he was treated on 24 April 2004 for a wound to his left leg sustained during a mortar attack.
6. 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 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 statement of medical examination and record of medical treatment showing the applicant was treated for a wound to his left leg are accepted as sufficient evidence to show he met the eligibility criteria for award of the Purple Heart.
2. The applicant should be awarded the Purple Heart for the wound sustained as a result of enemy action on or about 24 April 2004 and this award should be added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 a wound sustained as a result of hostile action on 24 April 2004 and adding this award to 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) AR20100000172
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010208
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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