IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170001794


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:  26 September 2018

		DOCKET NUMBER:  AR20170001794


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:  26 September 2018

		DOCKET NUMBER:  AR20170001794


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.

2.  The applicant states he should have been awarded the Purple Heart in 2008 for injuries suffered in Iraq on 16 April 2008 while assigned to Gazalia.  His 50 caliber machine gun blew up in his face and he was knocked unconscious.  This happened while they were preparing for a mission.  He was in a Humvee at the time of the weapon malfunction, but the general wanted to continue with the mission.  He suffered several concussions during his two deployments.

3.  The applicant provides:

* two Army Commendation Medal Certificates
* Army Achievement Medal Certificate
* Combat Action Badge orders
* Enlisted Record Brief (ERB)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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's Integrated Personnel Electronic Record Management System (iPERMS) records do not include any medical records except his induction medical documents.

3.  The applicant served on active duty from 29 September 2004 through 24 February 2009.  

4.  The applicant served in Iraq from 21 October 2005 through 21 October 2006 and 21 September 2007 through 17 February 2008.

5.  Both applicant's ERB and his DD Form 214 show he was awarded the Combat Action Badge and the Air Assault Badge; however, neither of these documents include the Purple Heart as an authorized award.  

6.  The copies of the awards provided by applicant are for outstanding or exemplary service and do not include any references to a possible wound.

REFERENCES:

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:

While the applicant is shown to have engaged with hostile forces while serving in Iraq, there is no evidence that he sustained a wound as a result of hostile action, as required 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)	AR20170001794



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170001794



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2