IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014642
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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 February 2004 to show award of the Purple Heart.
2. The applicant states:
* he was injured when an improvised explosive device (IED) struck his vehicle in July 2003
* he still has ringing in his ears from the explosion, even if it is not listed on the new evidence he provides
* he was awarded the Purple Heart during a formation when his unit returned from Iraq
* he should be awarded the Purple Heart and it should be added to his DD Form 214 since the IED was an enemy attack on his squad while he was serving on active duty and he has evidence of an injury to his hand
3. The applicant provides a self-authored statement and Standard Form 600 (Chronological Record of Medical Care).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120002205 on 9 August 2012.
2. The applicant previously applied to the ABCMR requesting correction of his DD Form 214 to show he was awarded the Purple Heart along with additional awards. That part of his request pertaining to the Purple Heart was denied.
3. The applicant now provides a Standard Form 600, dated 24 July 2003, as new evidence which warrants consideration by this Board.
4. The Standard Form 600, dated 24 July 2003, shows he was involved in an IED incident where the rear of his vehicle was struck by shrapnel. The medical record shows all occupants suffered minimal injuries and were returned to duty in 24 hours. The applicant was concerned that his finger was broken and wanted an X-ray. The applicant complained of numbness, slight swelling, and difficulty making a fist. The applicant had a small contusion and small abrasion to his right hand, fifth finger. He had some pain and slight edema to the area, but otherwise his examination was normal. He was diagnosed with a sprained finger. He was treated for pain and he was returned to duty.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The applicant's medical records show he was wounded/injured in action against an enemy or as a result of hostile action. His wound/injury was treated by medical personnel and the medical treatment was made a matter of official record. Therefore, it is reasonable to believe he was awarded the Purple Heart.
3. Based on this new evidence, the applicant's DD Form 214 should be corrected to show award of the Purple Heart.
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 amendment of the ABCMR's decision in Docket Number AR20120002205, dated 9 August 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Purple Heart to his DD Form 214 for the period ending 15 February 2004.
___________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) AR20130014642
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ABCMR Record of Proceedings (cont) AR20130014642
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