ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20180015632 APPLICANT REQUESTS: the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Review Boards Agency letter * U.S. Army Human Resources Command (HRC) letter * Self-authored letter * Letters of Support * Photo * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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: * he was wounded in the left eye during combat between 13 to 15 August 2005 at Forward Operating Base (FOB) Habbaniya, Iraq * he was never awarded the Purple Heart * he received treatment at a Battalion Aid Station where medical records were not well maintained * this was not a life-threatening injury so he was not evacuated to the nearest hospital * he questioned his chain of command as to why they never recommended him for the Purple Heart and they responded, "don't go down that road" * his Squad Leader and a sergeant first class told him that they would never recommend him for the Purple Heart 3. The applicant enlisted in the Army National Guard (ARNG) on 23 January 2003. 4. On 5 February 2005, he was ordered to active duty in support of Operation Iraqi Freedom and subsequently deployed to Iraq from 28 June 2005 to 12 June 2006. 5. On 8 July 2006, he was released from active duty and transferred to his National Guard unit. His DD Form 214 with an ending date of 8 July 2006 does not show the Purple Heart. 6. His official military personnel file does not contain medical documentation that shows he sustained wounds as a result of hostile action while he was on active duty. 7. He provided a self-authored statement in which he stated: a. He conducted combat operations at FOB Habbaniya, Iraq, on or about the night of 15 August 2005 and was located in observation post 11 on base security in a guard tower with another Soldier. b. They were attacked by insurgents sometime during the night. During the ensuing firefight, their tower received numerous bullet strikes from direct enemy fire. One of the bullets ricocheted near the opening of the tower and he received bullet fragments in his left eye. c. After the firefight, the other Soldier drove him to the Battalion Aid Station located on the FOB and they proceeded to remove the metal fragments form his eye. d. He was placed on bed rest for 24 hours and 3 to 4 days of light duty, which he performed while still wearing an eye patch. He was placed on charge of quarters. 8. He provided a letter of support from a fellow Soldier who stated: a. He performed force protection with the applicant at the FOB Habbaniya, Iraq. b. They came under attack by insurgents and received multiple bullet strikes from direct enemy fire. While they were returning fire, the applicant got hit in the eye by something. c. After being relieved from his post, he drove the applicant to the Battalion Aid Station for evaluation by the medical staff. 9. He provided another letter of support from a fellow Soldier who stated: a. He witnessed the applicant sustain bullet fragments in his left eye from a fire fight. b. The applicant was with a Specialist X_____ when he sustained his injuries. They both were located on observation post 11 inside Camp Habbaniya, Iraq. c. The applicant and Specialist X______ went to the Battalion Aid Station soon after the attack where doctors removed bullet fragments from his left eye. 10. He also provided a letter, dated 26 March 2018, that shows his request for the Purple Heart had been referred to HRC, Fort Knox, KY. On 29 June 2018, HRC responded to his request to add the Purple Heart to his DD Form 214. HRC informed him that they did not have the authority to grant his request. 11. By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and witness statements were carefully considered. The Board agreed the witness statements show the applicant is entitled to the Purple Heart as regulatory guidance was met during the incident. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Purple Heart for wounds received by enemy forces on 15 August 2005, and adding the Purple Heart to his DD Form 214. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015632 0 4 1