IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150009602 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150009602 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. IN THE CASE OF: BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150009602 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, the mother of the deceased former service member (FSM), requests the FSM be awarded the Purple Heart. 2. The applicant states that to the best of her knowledge, the FSM?s unit never submitted a request for award of the Purple Heart. About 5 years later, she learned from members of his unit that the request had to be submitted by the next of kin. Her son died under combat conditions at Forward Operating Base (FOB) Orgun E in Afghanistan on 19 March 2008. Her son paid the ultimate price with his life in defense of this great Nation. 3. The applicant provides DD Form 2064 (Certificate of Death (Overseas)); DD Form 1300 (Report of Casualty); 82d Airborne Division News Release 03-006, dated 24 March 2008; and a tribute from a fellow Soldier. CONSIDERATION OF EVIDENCE: 1. The FSM enlisted in the Regular Army on 15 September 2005. He completed training, including basic airborne training, and was awarded military occupational specialty 63B1P as a light wheeled vehicle mechanic with parachutist qualification. 2. He was assigned to Company F, 782nd Brigade Support Battalion, 4th Brigade Combat Team, and deployed to FOB Orgun E in Afghanistan. 3. The death certificate, signed by a U.S. Navy medical doctor, shows he was accidentally killed by blunt-force trauma to the torso on 19 March 2008 at FOB Orgun E in Afghanistan. 4. The line of duty investigation was reviewed at the U.S. Army Human Resources Command. The Chief, Case Management Branch, summarized the conclusions of the investigator by stating, in pertinent part, "His death occurred while repairing a vehicle under the supervision of a noncommissioned officer." 5. The applicant submitted an 82d Airborne Division Public Affairs Office press release, dated 24 March 2008, showing the FSM's awards as the Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, North Atlantic Treaty Organization (NATO) Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Action Badge, and the Parachutist Badge. REFERENCES: 1. The Purple Heart is governed by Executive Order (EO) 11016, which states, in part: a. The Secretary of a military department shall, in the name of the President of the United States award the Purple Heart to any member of an armed force under the jurisdiction of that department who, after 5 April 1917, while serving under competent authority in any capacity with an armed force of that department, has been wounded: * in any action against an enemy of the United States * in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged * while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party * as the result of an act of any such enemy or opposing armed force * as the result of an act of any hostile foreign force b. A wound for which award of the Purple Heart is made must have required treatment by a medical officer. c. The Secretary of the department concerned may prescribe such regulations as he considers appropriate to carry out this order. The regulations of the Secretaries of the departments with respect to award of the Purple Heart shall, so far as practicable, be uniform, and those of the military departments shall be subject to the approval of the Secretary of Defense. 2. 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. The key in determining award of the Purple Heart is the degree to which the enemy caused the injury. The fact that the proposed receipt was participating in direct or indirect combat operations is a necessary prerequisite, but it is not sole justification for award. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, including explosive, aircraft, vehicular, and other accidental wounding not related or caused by enemy action. DISCUSSION: The Purple Heart is awarded to those who were actively engaged with an enemy or were wounded as the direct result of enemy action. The FSM did serve in a hostile fire zone; however, he died of injuries incurred in an accident, not as a result of enemy action. Unfortunately, the circumstances of this tragic loss do not meet the long-standing criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2