ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20170007245 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Fort Stewart Mobilization Readiness Office Alpha Roster * Permanent Orders (PO) Number 92-3, dated 2 April 2003 * PO Number 108-6, Amended Orders, dated 18 April 2003 * Orders Number 04-056-00060L, dated 25 February 2004 * Excerpt Medical Record, 26 April 2004 * Orders Number 04-129-00009L, 8 May 2004 * DA Form 2823 (Sworn Statement), X__ * DA Form 2823, X__ * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 October 2006 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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. 2. The applicant states a clerical error was made and he would like to be awarded the Purple Heart for injuries from an improvised explosive device (IED) in a combat zone in Iraq. 3. The applicant provides: a. Self-authored statement, dated 3 May 2017, where he states that on 26 April 2004 at approximately 1100 hours, while performing convoy escort the vehicle that he was in was struck on the driver side by shrapnel from an IED near the interception of (MSR) main supply route Jackson and MSR Cleveland. SPC X__, (the driver) received shrapnel to his lower back and neck, SPC X__, (the gunner) said he had hearing loss and back pain. The applicant received a shrapnel injury to his left hand and was dazed and confused for a while. After they completed the mission and returned to base camp ((CSC) Camp Support Center – Scania, Iraq) his team and himself reported to the aid station for treatment to get checked out. b. Fort Stewart Mobilization Readiness Office Alpha Roster, which shows his name on the list of being mobilized. c. PO Number 92-3, dated 2 April 2003, issued by Headquarters, Fort Stewart and Hunter Army Airfield pertaining to the movement of 351st Military Police Company, Fort Stewart, GA, was assigned to 3rd Army Camp DOHA in Kuwait effective 12 April 2003 until completion of Operation Enduring Freedom (OEF) mission. d. PO Number 108-6, dated 18 April 2003, which shows his PO Number 92-3, issued by Fort Stewart and Hunter Army Airfield, was amended to read effective on or about 25 April 2003 until completion of (OEF) mission. e. Orders Number 04-056-00060L, dated 25 February 2004, issued by 81st Regional Readiness Command (RRC), Birmingham, AL which shows Orders Number 03-043-00139L for the mobilization period of active duty days of the applicant were extended from 365 days to 526 days. f. His Health Record, dated 26 April 2004, which shows he was treated for IED attack on the same day. He complained of slight headache and tingly feeling in left hand. He had visible scrapes, cuts, on left hand and blood on lips they cleaned and bandaged the cuts and prescribed pain medication as needed. g. Orders Number 04-129-00009L, dated 8 May 2004, issued by 81st RRC which shows Orders 04-056-00060L were amended to extend his days to 646 days. h. DA Form 2823, dated 26 April 2004, from X__ X__ X__, which he states on 26 April 2004 while conducting a convoy escort mission he responded to the call for assistance from Trade center 23A element. He was informed that one of the elements had been attacked by an IED. He assisted in the recovery of the element he found the applicant, Specialist (SPC) H__, and SPC R__ all were dazed. He directed them to a safe location and began first aid. The applicant’s obvious injury was his left hand and complained of a headache. The vehicle had one tire completely destroyed and another was flat, the driver’s side of the vehicle had multiple large holes that reflected the effects of the IED. i. DA Form 2823, dated 26 April 2004, from X__ X__X__, which states while assigned to escort a convoy from CSC Scania to Karch fuel depot they were blocking traffic at MSR Cleveland and MSR Jackson when he heard a large explosion and observed that his rear element had been hit by an IED. The applicant was in the front passenger seat and sustained injury to his left hand. 4. A review of the applicant’s service record shows: a. His DD Form 214, dated 16 February 1986, shows he enlisted in Regular Army on 17 February 1983. He held military occupational specialty (MOS) 95B (Military Police). He served in several Armed Forces components. Item 1 (Name) shows his last name as “Bean”. b. His DD Form 214, shows he was separated from the U.S. Navy on 30 September 1996, he held several MOS’s in the U.S. Navy and completed 9 years, 11 months, and 29 days of net active service. c. His NGB Form 22E (Departments of the Army and the Air Force - National Guard Bureau Report of Separation and Record of Service) shows he enlisted on 6 March 1998 and was honorably discharged on 7 May 1998 from the Alabama Army National Guard. He completed 12 years, 11 months, and 29 days of active federal service and 8 months and 26 days of prior reserve component service. It also shows he was awarded or authorized: * Army Service Ribbon * Overseas Service Ribbon * Army Good Conduct Medal * Army Commendation Medal * National Defense Service Medal * Sea Service Deployment Ribbon (2nd Award) * Navy Good Conduct Medal with two bronze loops * Navy Battle “Efficiency” (E) Ribbon * Special Operations Service Medal * Enlisted Surface Warfare Specialist Insignia * Kuwait Liberation Medal * Sharpshooter, Marksmanship Qualification Badge with Rifle and Pistol Bar d. A letter issued by the U.S. Army Human Resources Command (AHRC) on 29 December 2005, shows he was eligible for retired pay at age 60. e. His DD Form 214, shows he was honorably discharged from the USAR on 31 October 2006. He completed 13 years and 17 days of active service and 1 year, 11 months, and 2 days of prior inactive service. It also shows he was awarded or authorized: * Army Commendation Medal * Army Achievement Medal * Navy Unit Commendation * U.S. Navy “E” Ribbon * Army Good Conduct Medal (3rd Award) * Navy Good Conduct Medal (2nd Award) * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * Global War on Terrorism Expeditionary Medal * Enlisted Surface Warfare Specialist Insignia * United States Flag Issued * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Navy Sea Service Deployment Ribbon (2nd Award) * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) f. Letter dated, 3 November 2015, issued by the U. S. Army Human Resource Command (AHRC) (Awards and Decorations section) responds to the applicant’s request for an award of the Purple Heart for injuries while deployed in support of Operation Iraqi Freedom that it was returned for additional information. On 2 June 2017, a letter from the AHRC which states after thorough review of the information provided the award of the Purple Heart for this event does not meet the statutory guidance outlined in Army Regulation (AR) 66-8-22 (Military Awards) paragraph 2-8e. The lack of supporting medical documentation at or near the date of enemy action reflecting a diagnosis or indication of a qualifying injury makes is impossible to connect an injury to the incident (see detailed information in packet). 5. By regulation, the Purple Heart is awarded for a wound/injury sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to: * verify the wound was the result of hostile action * the wound must have required treatment by medical personnel * the medical treatment must have been made a matter of official record BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His record is absent evidence showing his unit at the time of the incident recommended him for the Purple Heart, nor is evidence the treating medical facility’s commander awarded him the award. Based upon the preponderance of the evidence, the Board determined his wound(s) did not meet regulatory guidance for entitlement to the Purple Heart as there is no clear evidence the wound(s) required treatment by medical personnel. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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, USC, 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. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after, being 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 U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007245 5 1