BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140009339
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 and that his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he sustained shrapnel wounds in Iraq on 20 May 2005, from an improvised explosive device; however, he was unaware of the wound at the time and he did not seek treatment for the wound until years later when it was discovered that he had a piece of shrapnel in his shoulder. Accordingly, he should have been awarded the Purple Heart. Additionally, he was awarded the BSM and it should have been added to his DD Form 214.
3. The applicant provides copies of his DD Form 214, award of the BSM, promotion and assignment orders, eight third-party letters of support, memorandums from the U.S. Army Human Resources Command (HRC), copies of his medical records, daily staff journal, and email.
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 was serving in the Montana Army National Guard as a physicians assistant in the rank of first lieutenant when he was ordered to active duty on 28 June 2004 in support of Operation Iraqi Freedom. He deployed to Iraq/Kuwait during the period 28 November 2004 30 October 2005.
3. On 15 November 2005, he was awarded the BSM for meritorious service in Permanent Orders Number 319-51 issued by Headquarters, 42nd Infantry Division in Tikrit, Iraq.
4. On 20 November 2005, he was honorably released from active duty (REFRAD) due to completion of required service. The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the Combat Medical Badge, Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), Army Service Ribbon, Armed Forces Reserve Medal with M Device, Global War on Terrorism Service Medal, and Iraq Campaign Medal.
5. A review of the applicants records failed to show he was wounded or that treatment for such wounds were made a matter of record. Additionally, his name is not contained on the Iraq Casualty Listing.
6. On 7 May 2014, the HRC dispatched a letter to the applicants congressional representative informing him that the HRC was unable to authorize award of the Purple Heart to the applicant because of a lack of medical documentation showing treatment for his wounds immediately after or close to the date he was wounded.
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 that 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 applicants contentions and supporting documents have been carefully considered and found to have partial merit.
2. The applicant was awarded the BSM and he is entitled to have that award added to his DD Form 214.
3. However, the applicant has not provided sufficient evidence to establish that he meets the criteria for award of the Purple Heart in that he has failed to provide sufficient evidence to show he was treated for a wound inflicted by the enemy and that the treatment was made a matter of record.
4. Accordingly, it appears that he does not meet the criteria for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ _X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the award of the BSM to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart.
_______ _ 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) AR20140009339
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