IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130014179
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 record to show award of the Purple Heart.
2. He states he was the driver of a Bradley Fighting Vehicle (BFV) when they were ordered to conduct a sensitive site exploration of a specific house and the surrounding area. Upon arrival at the house, two males of fighting age ran from the house carrying what appeared to be small arms and entered a vehicle. His lieutenant gave him and two other BFVs the order to pursue the fleeing vehicle. A request to fire on the vehicle was denied on two separate occasions, but on the third request they were approved to fire. One of the BFVs was prepared to fire on the vehicle; his BFV slammed into a tank trap that was dug across the road they were traveling. He briefly lost consciousness, was in severe pain, and he was bleeding from the right hand. He was extracted from the BFV and transported to Balad.
3. The applicant provides:
* Self-authored statement
* Physician Trauma Admitting Record
* DA Form 2823 (Sworn Statement)
* Congressional Reply, dated 24 September 2012
* Photograph
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 January 2006. He served in Iraq from 7 November 2007 to 12 January 2009. He was placed on the Temporary Disability Retired List on 30 November 2009 and permanently retired on 11 October 2012.
2. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows award of the Purple Heart. However, a DD Form 215 (Correction to
DD Form 214), dated 13 July 2010, shows the award of the Purple Heart was deleted.
3. The applicant provided a Physician Trauma Admitting Record which shows he was admitted to the Air Force Theater Hospital, Balad Air Base, Iraq, on
10 February 2008 for a "blunt trauma" injury.
4. He also provided a sworn statement from a fellow comrade who stated that he was part of a mission to execute a tactical site exploitation of a house which had been raided the night prior. He said upon their arrival at the site, two enemy personnel ran from the house, jumped into a truck, and fled the scene. He added the lieutenant elected to hold his fire and pursue the enemy with the Bradley section. It was during the pursuit that the applicant's Bradley slammed into a "trench" which caused the applicant to sustain his injuries. He offered that the applicant and another Soldier were medically evacuated to Balad.
5. In response to a Senator's request concerning the applicant's eligibility for award of the Purple Heart, the Congressional Actions Manager said that the applicant's case was reviewed by officials with the U.S. Army Human Resources Command (HRC) and denied. He said the officials reviewed the applicant's case in September 2011 and replied that injuries accidentally occurring during combat or in a combat zone do not entitle individuals to an award of the Purple Heart. After reviewing the documentation provided, HRC officials noted that the applicant was injured in a vehicle accident while pursuing a suspected enemy vehicle. The applicant's injuries were the result of a accident and, therefore, the award of the Purple Heart could not be authorized.
6. Army Regulation 600-8-22 (Military Awards) states 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record. Examples of enemy-related injuries that clearly justify award of the Purple Heart are:
* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions
DISCUSSION AND CONCLUSIONS:
1. The available documentation does not support the applicant's request for award of the Purple Heart.
2. The fact that the applicant sustained a blunt trauma injury on 10 February 2008 when his BFV slammed into a "trench" is unfortunate. However, his accident and subsequent injury was not the result of enemy-related injuries that clearly justify award of the Purple Heart. Therefore, in the absence of such evidence, there is insufficient evidentiary basis for awarding the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ ___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) AR20130014179
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