IN THE CASE OF:	  

		BOARD DATE:	       27 May 2009

		DOCKET NUMBER:  AR20090002790 


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, award of the Purple Heart for wounds received in Iraq and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  The applicant states, in effect, that he received lacerations of his left cheek from an exploding improvised explosive device (IED) while performing duties as a gunner. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 and DA Form 2173 (Statement of Medical Examination and Duty Status) with physician assistant examination. 

CONSIDERATION OF EVIDENCE:

1.  On 19 July 2007, the applicant was ordered to active duty as a member of the Missouri Army National Guard in the rank of specialist, pay grade E-4.

2.  The applicant served in Iraq from 27 September 2007 to 15 July 2008, in support of Iraqi Freedom.

3.  A DA Form 2173, dated 24 December 2007, states that on 8 November 2007 the applicant was hit in the face by flying debris from an IED blast while operating a .50 caliber machine gun on his vehicle.  The applicant was medically examined the same day.  The attached physician assistant's examination shows that the applicant's wounds were cleaned; that X-rays were taken; and that he did not suffer a concussion.  He was given post-blast instructions and scheduled for a follow-up examination on 9 November 2007. 

4.  On 10 August 2008, the applicant was released from active duty and transferred back to the Missouri Army National Guard.  He had completed 1 year of creditable active duty during this period of service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal [with bronze service star], Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device and the Combat Action Badge.  It does not show award of the Purple Heart. 

6.   Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 applicant contends that he was wounded in Iraq and should be awarded the Purple Heart. 

2.  The available evidence clearly shows that the applicant was wounded by the blast from an IED and received medical treatment for those wounds.  Accordingly, he should be awarded the Purple Heart and his DD Form 214 should be corrected to show this award.

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 him the Purple Heart for wounds received on 8 November 2007; and
   
   b.  showing, that in addition to the awards already shown on his DD Form 214, his awards include 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)                                         AR20090002790





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ABCMR Record of Proceedings (cont)                                         AR20090002790



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