IN THE CASE OF:  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140006453 


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, in effect, reversal of the U.S. Army Human Resources Command (HRC) decision denying him award of the Purple Heart (PH) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  The applicant states:

* the PH was not added to his DD Form 214 because he was not seen by an American doctor
* he was told he was eligible for the PH since his wounds were treated by an Iraqi doctor in Iraq
* he never received medical treatment from the American medical support team so he does not have a Standard Form 600 (Chronological Record of Medical Care)
* his team in Iraq had little American logistical support, used confiscated weapons and ammunition, patrolled on foot, and lived in an Iraqi bunker in the city of Baghdad, not on an American compound
* the Iraqi company commander over his unit who was previously a veterinarian treated his wounds
* he was notified by HRC during the review and disapproval of his initial PH request that a statement from the medical officer evaluating him during his release from active duty (REFRAD) process could have provided a statement
* he is unable to do anything about getting medical documentation since the injury occurred over 9 years ago
* he could have requested a convoy after the fact, but this would have endangered the lives of others
* he is not the only American service member to have been injured and not receive American medical treatment and there must be some mechanism in place to assist such individuals

3.  The applicant provides:

* request for award of the PH with six supporting statements
* two HRC letters, dated 17 December 2013 and 14 February 2014
* DD Form 214
* Oregon Army National Guard (ORARNG) Permanent Orders 283-6, dated 10 October 2003
* ORARNG Orders 293-111, dated 20 October 2003
* Headquarters, 1st Cavalry Division, Permanent Orders 142-57, dated 21 May 2004
* ORARNG Orders 125-073, dated 5 May 2005
* Army National Guard Retirement Points History Statement, dated 13 April 2005

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.  After having prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 9 March 1988.  He was discharged from the USAR on 6 December 1994 for immediate enlistment in the ORARNG.  He enlisted in the ORARNG on 7 December 1994.

3.  On 12 October 2003, he was ordered to active duty as a member of his ORARNG unit in support of Operation Iraqi Freedom.  He served in Iraq from 22 March 2004 to 20 January 2005.

4.  On 28 March 2005, he was honorably REFRAD, discharged from the ORARNG, and transferred to the Retired Reserve.  His DD Form 214 ending 28 March 2005 lists his awards and indicates his awards are continued on a continuation sheet; however, the continuation sheet is not filed in his records.  The awards listed do not show the PH.

5.  On 1 July 2013, the applicant submitted a request for award of the PH to HRC.  In his request he indicated he had been wounded by an improvised explosive device (IED) on 4 May 2004.  He stated he had been temporarily knocked unconscious and when he regained consciousness, he had an intense headache, blurry vision, ringing in his ears, muffled hearing, and he was nauseated.  A shrapnel fragment was later discovered in his right arm when he was being checked for injuries by his company commander.

6.  On 17 December 2013, HRC officials informed him that after careful consideration, his request for award of the PH based on injuries received while deployed in support of Operation Iraqi Freedom was disapproved.  He was advised that deployment orders/roster and military medical documentation describing both the diagnosis and treatment of the injuries caused by the enemy immediately after or close to the incident of 4 May 2004 were required.  He was also informed that Department of Veterans Affairs documents or diagnosis was not sufficient in itself to determine award of the PH.  He was advised to submit the required documentation for a final determination.

7.  On 15 January 2014, the applicant provided a copy of his deployment orders to HRC.  He further advised HRC that there was no Standard Form 600 or other documents explaining his wound because he was never treated by an American medical provider.

8.  On 14 February 2014, HRC advised the applicant that based on the information provided, there was no medical documentation that supported a relationship of combat to injury.  While HRC officials did not doubt the validity of his injury, a request for award of the PH has several regulatory requirements that were not met in his case.  Therefore, he did not meet the PH criteria per Army Regulation 600-8-22, paragraph 2-8(h)(7).

9.  The applicant provided self-authored statements, two letters from HRC denying him award of the PH, deployment and assignment orders, orders awarding him the Combat Infantryman Badge, and his DD Form 214 for the period ending 28 March 2005.

10.  Army Regulation 600-8-22 provides for award of the PH.  The PH 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 PH differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  

2.  The criteria for an award of the PH requires the submission of substantiating evidence to verify the injury/wound was sustained in action against an enemy or as a result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  In this case, the applicant was involved in an IED explosion in Iraq in 2004.  Unfortunately, the extent of any injuries sustained at the time is unknown and there is no record of treatment for his injuries at the time or close to the date of such injuries.

4.  Notwithstanding his sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, there is insufficient evidence upon which to base award of the PH.

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)                                         AR20140006453



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ABCMR Record of Proceedings (cont)                                         AR20140006453



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