IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130011940 


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) for the period ending 19 August 2007 to show award of the Purple Heart.

2.  He states he was to be awarded the Purple Heart, but the application packet was lost during demobilization from Iraq.  The injury occurred on a final combat mission as the unit was in the process of demobilization out of Iraq Theater.  

3.  He provides:

* Memorandum, Subject:  Award of the Purple Heart, Staff Sergeant (SSG) [applicant], xxx-xx-xxxx
* DA Form 200 (Transmittal Record)
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* Soldier's Rights and Warning Statement
* Disability Counseling Statement
* Three DA Forms 2823 (Sworn Statement)
* Deployment orders
* Casualty Report
* Three DD Forms 214

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 enlisted in the Regular Army on 4 May 1982 and was honorably released from active duty (REFRAD) on 3 May 1985.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  He enlisted in the Army National Guard on 28 February 2002.  On 11 August 2003, he was ordered to active duty in support of Operation Joint Forge and served in Bosnia from 3 September 2003 to 9 March 2004.  He was REFRAD on 4 April 2004. 

4.  On 26 September 2005, he was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 29 March 2006 to 12 July 2007.  He was REFRAD on 19 August 2007.  His DD Form 214 for this period does not show the Purple Heart.

5.  In a memorandum, dated 17 November 2008, the Chief, Military Awards Branch, U.S. Army Human Resources Command stated the request for award of the Purple Heart to the applicant was returned without action.  The memorandum cited Army Regulation 600-8-22 (Military Awards), paragraph 2-8e defining a "wound."  The official stated:

	a.  There were no eyewitness statements provided with this request that describe the circumstances under which the applicant was injured nor was there any documentation submitted which described medical treatment provided to the applicant.  

	b.  Recommend resubmission of this request, endorsed by the first general officer in the chain of command, with at least two eyewitness statements that describe the circumstances under which the applicant was injured, medical documentation of assessment and treatment of injury(ies) caused by the enemy from immediately following the incident, as well as any other follow-on medical treatment provided to address the injury(ies).  

6.  He provided the following documents:

	a.  DA Form 2173, dated 17 July 2007, which was initiated based on an injury he sustained on 20 June 2007.  The DA Form 2173 shows he injured his ribs in an Improvised Explosive Device (IED) blast.  The event occurred while he was serving on active duty status.  He was conducting combat operations in Iraq in the CENTCOM (Central Command) Theater of Operations when injured.  The applicant related that he was performing combat escort duties on 20 June 2007 at approximately 2300 hours when an IED detonated on the vehicle in which he was Truck Commander (TC).  The blast threw him into the radio mount, striking his ribs.  This form shows the physician rendered a presumptive determination that the applicant's injury was incurred in line of duty (LOD).  No formal LOD was completed.

	b.  DA Form 2823, dated 17 June 2009, wherein his former commander attested the applicant was injured after an IED blast.  His former commander stated he didn't find out the applicant had sustained the injury right away, but he reported the incident once he noticed the applicant was in pain and was holding the left side of his ribs.  His former commander stated the applicant didn't want to hold up the mission so he didn't go for medical treatment.  After their return on 
20 June 2007, the applicant went for medical treatment and was informed he had fractured ribs.  His former commander further stated that a Standard Form (SF) 600 was completed by the physician; however, it appears the document was lost along with other eyewitness statements.  A Casualty Report was also done and is on file noting the date and stating the applicant's injury was due to hostile action and he was wounded in action.  An LOD was completed on a DA Form 2173 stating the applicant sustained an injury to his ribs due to an IED blast.

	c.  DA Form 2823, dated 18 December 2009, wherein a fellow Soldier described the events that occurred on 17 June 2007 regarding the IED blast.  The following day, he noticed the applicant was moving much slower than usual as well as not being able to help out as much with the heavier items in the truck.  

	d.  Casualty Report, he was wounded in action on 17 June 2007 while on active duty in Iraq.  The report indicates that on 17 June 2007 the applicant was the TC for Headquarters and Headquarters Company, 306th when it received an IED detonation.  The applicant was thrown against the radio mounts on the left side.  He was seen at Camp Adder Troop Medical Clinic on 20 June 2007.  He received injuries to the left side of upper torso/a couple of bruised ribs.  He was returned to duty on 20 June 2007.  The report was sent late due to no communication with the Soldier until he returned to base.  


7.  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 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.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include National Resolution (16 December 2005-9 January 2007) and Iraqi Surge (10 January 2007-31 December 2008).

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.

2.  The evidence of record shows he injured his ribs when an IED detonated on the vehicle in which he was TC.  

3.  The 17 November 2008 memorandum from the Military Awards Branch shows the request for award of the Purple Heart to the applicant was returned without action due to lack of eyewitness statements and medical documentation.

4.  The applicant provided an LOD determination and sworn statements which indicate he was injured on 17 June 2007 when an IED detonated on the vehicle in which he was the TC and a record of treatment was prepared.  In addition, the Casualty Report confirms he was wounded in action on 17 June 2007 in Iraq.  This evidence is accepted that his injury was the result of hostile action and therefore, he meets the criteria for award of the Purple Heart and correction of his DD Form 214 for the period ending 19 August 2007 to show this award.  

5.  The applicant served a period of qualifying service for award of the Iraq Campaign Medal with two bronze service stars.


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 him the Purple Heart for injuries received in action in Iraq on 17 June 2007; and
   
   b.  amending his DD Form 214 for the period ending 19 August 2007 to add the Purple Heart and Iraq Campaign Medal with two bronze service stars.  




      _____________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)                                         AR20130011940





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ABCMR Record of Proceedings (cont)                                         AR20130011940



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