IN THE CASE OF:	  

		BOARD DATE:	    22 March 2012

		DOCKET NUMBER:  AR20110019466 


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 sustained a combat injury in Baghdad, Iraq, on 14 December 2005.  He was on a dismounted patrol that was struck by a command-detonated 155-millimeter improvised explosive device (IED).  He was on point when the IED detonated approximately 10 to 15 meters away and he was struck in the right groin area with shrapnel which produced a non-penetrating wound.  He was treated by the platoon medic and was medically evacuated to the 10th Combat Support Hospital for further treatment.

3.  The applicant provides the following documents:

* DA Form 2173 (Statement of Medical Examination and Duty Status)
* DA Form 4187 (Personnel Action)
* denial letters from the U.S. Army Human Resources Command (HRC)
* 3rd Infantry Division Casualty Line Report
* treatment records, medical documents, DD Forms 689 (Individual Sick Slip), and Standard Forms 600 (Chronological Record of Medical Care)
* DA Forms 2823 (Sworn Statement)
* significant activities reports
* map of blast area
* DA Form 1156 (Casualty Feeder Card)


CONSIDERATION OF EVIDENCE:

1.  Having prior active enlisted service in the U.S. Marine Corps, the applicant enlisted in the California Army National Guard on 11 July 2000 and he held military occupational specialty 11B (Infantryman).

2.  He was ordered to active duty in support of Operation Iraqi Freedom on 16 August 2004 and subsequently served in Kuwait/Iraq from 28 January 2005 to 12 January 2006.  He was assigned to Company D, 1st Battalion, 184th Infantry.

3.  On 14 December 2005, the applicant was on a dismounted patrol that was struck by an IED.  He was evaluated by the medic and evacuated to the 10th Combat Support Hospital (CSH) in the international zone in Baghdad.

4.  He was honorably released from active duty on 9 February 2006.  His DD Form 214 for this period does not list the Purple Heart.  Additionally, his records do not contain orders awarding him the Purple Heart.  Additionally, it is unclear if his theater chain of command or the hospital commander initiated or requested award of the Purple Heart for him at the time.

5.  He submits multiple medical documents and/or statements/reports.

	a.  A 3rd Infantry Division Casualty Line Report shows he suffered a hip injury as a result of the IED blast and was evacuated to the 10th CSH.  He was wearing body armor, groin protector, throat protector, and eye and ear protectors.

	b.  A DD Form 1380 (U.S. Field Medical Card) shows he was hit in the groin with shrapnel with no puncturation.

	c.  Joint Theater Trauma Nursing Records show he suffered a blunt trauma from a blast.  He was wearing his Kevlar helmet, flak vest, ceramic plate, eyewear, neck protector, and groin/leg protector.  He was given medication (morphine).  His vital signs were normal.  His diagnosis was that of shrapnel from an IED.  He was released to duty with no restrictions and he was instructed to return for a follow up evaluation.

	d.  Multiple sick slips show he was instructed to run at his own pace and distance.

	e.  Multiple chronological records of medical care indicate he was hit by an IED.

	f.  A sworn statement from a lieutenant who witnessed the blast, dated 26 May 2010, states that after the blast he saw the applicant hit in the lower groin area with shrapnel and suffered trauma from the blast.  He dispatched a Soldier to provide aid and transported the applicant to the medical evacuation site for evacuation by a helicopter.

	g.  A sworn statement from a staff sergeant who also witnessed the blast, dated (unclear), confirms the applicant was hit in the groin with shrapnel and suffered trauma from the blast.

	h.  A significant activities report for the period 1 May through 31 December 2005 confirms an IED hit a dismounted element that was responding to a report from local nationals about probable unexploded ordnance in the area.  Local nationals disappeared before the IED hit.  One U.S. Soldier was wounded in action.

	i.  A DA Form 4187, dated 11 December 2008, from the applicant's commander requests award of the Purple Heart to the applicant for the incident that occurred on 14 December 2005.

	j.  A casualty feeder card, dated 13 January 2009, shows the applicant was participating in a dismounted patrol and was engaged by an enemy IED consisting of a 155-millimeter artillery projectile.  The applicant was struck in the lower abdomen with shrapnel.  He was medically evacuated to the international zone.

	k.  A DA Form 4187 from the State Adjutant General to the Commander, HRC, dated 13 August 2010, requests award of the Purple Heart to the applicant.

6.  On 22 June 2010, in response to the applicant's Member of Congress (it appears the applicant had solicited help from his Member of Congress) and prior to the Adjutant General forwarding the DA Form 4187 to HRC, an HRC official stated that no official documentation had been provided by the applicant to show he received treatment for injuries caused as a direct result of enemy action.  The official recommended that the applicant provide the medical documentation reflecting his initial treatment following the incident and sworn statements for further consideration.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical treatment, and the medical treatment must have been made a matter of official record.
8.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

9.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  (1) injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; (2) injury caused by enemy-placed mine or trap; and (3) concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant appears to have met the criteria for award of the Purple Heart.

	a.  Although he was wearing protective gear in the form of a flak vest, body armor, groin support, and other protective equipment, the fact remains that an enemy-placed mine or trap in the form of an IED injured him in the hip or the groin and he suffered a blunt trauma.  His injury to a part of his body caused by an outside force or agent was sustained under combat conditions and was caused by the enemy.

	b.  He was provided with first aid at the scene by another Soldier as evidenced by the sworn statement and he was later medically evacuated to the international zone for further treatment at the 10th CSH.  Although he was released to duty with no restrictions, treatment was required because the extent of his injuries was unclear immediately after the blast.

	c.  A treatment record was generated by the 10th CSH followed by multiple chronological records of medical care and sick slips.

2.  He clearly met the criteria for and should be awarded the Purple Heart and his records should be corrected to show it.


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 the applicant the Purple Heart for wounds received in action in Iraq on 14 December 2005 and adding the Purple Heart to his DD Form 214 for the period ending 9 February 2006.



      _______ _   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)                                         AR20110019466



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ABCMR Record of Proceedings (cont)                                         AR20110019466



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