ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  20 December 2018  

                  DOCKET NUMBER:  AR20170006238

1.  Applicant Requests:  award of the Purple Heart.

2.  Applicant’s Supporting Documents Considered by the Board:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 199 (Physical Evaluation Board (PEB)) Proceedings
*	DA Form 2173 (Statement of Medical Examination and Duty Status)
*	Memorandum, (Line of Duty) Investigation

3.  Facts and Analysis:   

     a.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, section 1552 (b); however, the Army Board for Correction of Military 
Records conducted a substantive review of this case and determined it is in the interest 
of justice to excuse the applicant's failure to timely file.
     b.  The applicant states he was wounded in action while serving in Iraq from 
22 September 2006 through 8 August 2007.  

     c.  The applicant was:
 
*	ordered to active duty on 26 June 2006, in accordance with Order number 
139-212, in support of Operation Iraqi Freedom, not to exceed 545 days
*	credited 10 months and 17 days of foreign service according to his                    
DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	was honorably released from active duty on 17 October 2007 

     d.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded 
for a wound sustained 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.  Examples of 
enemy-related injuries which clearly justify award of the Purple Heart are as follows:

*	Injury caused by enemy bullet, shrapnel, or other projectile created by enemy 
action
*	Injury caused by enemy placed mine or trap
*	Injury caused by enemy released chemical, biological, or nuclear agent
  
     e.  The applicant's service record, is void of orders, a certificate, or a citation showing 
that he was awarded the Purple Heart.  

     f.  The applicant provides a copy of his PEB proceedings, which shows he was 
exposed to severe chlorine fumes, following an explosion of a full chlorine tanker 
vehicle-borne improvised explosive device (VBIED), which exploded at the gate of his 
compound in Iraq.  The Medical Evaluation Board describes his condition as 
bronchiectasis/emphysema (shortness of breath with exertion).

     g.  The applicant also provides a DA Form 2173 and a copy of the LOD investigation, 
which highlights the details of the explosion and his exposure to the chlorine fumes from 
the VBIED.  

     h.  The applicant’s record does not contain documents which shows he was treated 
for injuries sustained by the enemy attack in Iraq.

4.  Board Discussion:
     a.  The Board considered the applicant’s request with all supporting documents, 
evidence in the service record and applicable policies and guidance.  The applicant 
requests that he be awarded the Purple Heart for injuries he received to his lungs from 
chlorine gas emitted from a detonated enemy vehicle-borne explosive device.  The 
injuries to his lungs required medical treatment and a line of duty investigation generally 
corroborates the applicant’s description of how he incurred his injuries.
     b.  The Purple Heart is awarded for wounds suffered in combat that are directly 
caused by enemy action.  To be awarded the Purple Heart, the wound must have 
required medical treatment.  In this case, the greater weight of the evidence indicates 
that in 2007 in Iraq, a vehicle-borne explosive device improvised by the enemy 
exploded in proximity to the applicant.  The device was laden with chlorine gas, which 
was expelled as intended by the enemy.  The applicant inhaled the chlorine gas, which 
injured his lungs.  The injury required medical treatment by military medical personnel. 
     c.  Consequently, the greater weight of the evidence indicates that the applicant has 
met the requirements for the Purple Heart in accordance with Army Regulation 600-8-22 
(Military Awards).  


5.  Board Vote:
Member 1	Member 2	Member 3
X	X	X	Full Grant 
:	      :	      :	Partial Grant 
:	      :	      :	Formal Hearing Grant 
:	      :	      :	Deny
6.  Board Determination/Recommendation:
The Board determined the evidence presented is 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 amending the applicant's                  
DD Form 214 with a separation date of 17 October 2007 to show the award of the 
Purple Heart for wounds received when deployed in Iraq from 22 September 2006 to                
8 August 2007.
												 
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.?
REFERENCES

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within three 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 three-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to            
do so.  

2.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a 
wound sustained 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.  Examples of 
enemy-related injuries which clearly justify award of the Purple Heart are as follows:

*	Injury caused by enemy bullet, shrapnel, or other projectile created by enemy 
action
*	Injury caused by enemy placed mine or trap
*	Injury caused by enemy released chemical, biological, or nuclear agent
*	Injury caused by vehicle or aircraft accident resulting from enemy fire
*	Concussion injuries caused as a result of enemy generated explosions

ABCMR Record of Proceedings (cont)	AR20170006238
	 	
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