IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007794
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart (PH) for wounds received in Iraq.
2. The applicant states he wants the PH added to his DD Form 214 and to receive the actual medal. He contends that he was wounded on 25 November 2006 in Iraq.
3. The applicant provides copies of an article from the Internet that salutes heroes for bravery.
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. On 20 August 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. Records show the applicant served in Iraq from 4 October 2006 to
17 September 2007 and again in Iraq from 15 December 2008 to 11 November 2009.
4. On 20 April 2010, the applicant was discharged due to completion of required active duty service. He had attained the rank of sergeant, pay grade E-5, and had completed 7 years, 8 months, and 1 day of creditable active duty service. His DD Form 214 does not show award of the PH.
5. Orders 111-1016, State of Texas, dated 21 April 2011, discharged the applicant from the Army National Guard and as a Reserve of the Army effective 20 April 2011.
6. The article provided by the applicant states that on 25 November 2006 the applicant was injured in the same incident that took the life of another Soldier. The applicant was identified as the Soldier driving the vehicle. The vehicle was hit by an improvised explosive device (IED). The applicant was in the gunner's hatch. He suffered a broken hand, shrapnel in the right side of his face, right arm and right thigh. A medic rendered aid and the applicant was evacuated from the area for medical treatment. The applicant subsequently returned to his unit.
7. A Casualty Status Report, on file with the Casualty and Mortuary Affairs Branch, U.S. Army Human Resources Command, Fort Knox, KY, states the applicant was wounded in action as the result of an IED on 25 November 2006. He was assigned in Iraq at the time of the IED incident. He was medically diagnosed with having sustained closed head and right wrist injuries.
8. 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 contends that his DD Form 214 should be corrected to show award of the PH for wounds received in Iraq on 25 November 2006.
2. The available evidence of record clearly shows that he was assigned for duty in Iraq on 25 November 2006 when he was wounded in action as the result of an IED incident. Those injuries required medical treatment.
3. In view of the above, the applicant's request should be granted.
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 in action on 25 November 2006,
b. adding to his DD Form 214 the Purple Heart, and
c. issuing to him the Purple Heart.
____________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) AR20130007794
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ABCMR Record of Proceedings (cont) AR20130007794
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