BOARD DATE:  18 February 2016

		DOCKET NUMBER:  AR20150011947


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 correction of his military records by showing he was awarded the Purple Heart (PH) for wounds received in combat.

2.  The applicant states he was injured in combat.  He was struck by a mortar and hit with shrapnel in his face and knee.

3.  The applicant provides no additional documentation.

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.  On 29 September 2004, the applicant enlisted in the Regular Army.  He was assigned for duty in Iraq on or about 2 December 2005.

3.  A supplemental casualty report dated 6 April 2006 reported that the applicant had been wounded as a result of hostile action on 6 April 2006.  His wounds were described as not serious.  The circumstances included nine rounds of enemy indirect fire impacting the forward operating base.  The report also states that the applicant was diagnosed with having sustained shrapnel to the face.  He was medically treated on site and returned to duty the same day.

4.  A DA Form 2823 (Sworn Statement) dated 30 April 2007, written by a sergeant first class, states the applicant sustained shrapnel wounds to his face in April 2006 as a result of enemy mortar fire.  The applicant was treated at the Battalion Aid Station by a physician assistant.

5.  On 27 August 2007, the applicant was discharged due to a physical disability.  He had completed 2 years, 10 months, and 29 days of creditable active duty service during this period.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), shows his awards as:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge

6.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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 available evidence shows the applicant received shrapnel wounds as a result of indirect enemy mortar fire in Iraq.  A subsequent casualty report and witness statement clearly indicate that his wounds were treated on site at the battalion aid station.

2.  In view of the above, the applicant’s request for the PH should be granted.



BOARD VOTE:

__x______  __x______  ___x_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 
6 April 2006 and 

	b.  adding the Purple Heart to his DD Form 214.



      _________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)                                         AR20130004321



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ABCMR Record of Proceedings (cont)                                         AR20150011947


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