IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019726
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 the documentation for award of the Purple Heart was never submitted.
3. The applicant provides:
* deployment orders
* DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 10 May 2004 and 26 June 2012
* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 5 December 2007
* Department of Veterans Affairs (VA) Disability Evaluation System Proposed Rating, dated 2 March 2012
* VA benefits estimate letter, dated 13 March 2012
* DA Form 199 (Physical Evaluation Board Proceedings), dated 16 March 2012
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 13 August 1997.
2. Headquarters, U.S. Army Special Operations Command, Orders R129-007, dated 9 May 2007, deployed the applicant to Iraq with his unit in support of Operation Iraqi Freedom (OIF) for a period of 353 days proceeding on or about 12 May 2007. His unit was further attached to the Multi-National Division-Baghdad under the operational control of U.S. Central Command. He arrived in Iraq on 15 May 2007.
3. A DA Form 2173, dated 5 December 2007, shows the applicant was out on a mission on 16 November 2007 when he was struck by a combat patrol while dismounted. His gear was snagged by the last vehicle in the element resulting in him being rolled sideways between two vehicles until finally pushed onto the head of his M1114 High Mobility Multi-Purpose Wheeled Vehicle (HMMWV). He suffered injuries consistent with mild trauma due to being struck by a vehicle.
4. The DA Form 199, dated 16 March 2012, indicates he was diagnosed with lumbar degenerative disc disease listed as low back pain. This form further indicates the injury was not a battle injury, but its onset is traced to November 2007 when he was hit by a HMMWV and he landed on his back during a deployment in Iraq.
5. The VA documentation he provided indicates he was being considered for service-connected disability compensation for a number of medical conditions. However, the documentation does not show the medical issues were a result of injuries received as a result of enemy/hostile action.
6. He was discharged from active duty on 26 June 2012 due to disability with severance pay, combat related (enhanced).
7. There are no orders or other evidence in his military records that show he was treated for an injury which was caused by hostile action.
8. 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 contention that he should be awarded the Purple Heart has been carefully considered.
2. There is no evidence in his military records that shows he was treated for an injury which was caused by hostile action. It appears the injuries he sustained while deployed to Iraq in support of OIF were a result of an accident involving a unit HMMWV during a mission.
3. The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action. In the absence of such corroborating evidence, the documentation provided is insufficient evidence for award of the Purple Heart.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 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) AR20130019726
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