RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 OCTOBER 2005
      DOCKET NUMBER:   AR20040011591


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect all of
his authorized awards and that he be awarded the Purple Heart for wounds
received in support of Operation Iraqi Freedom.  He also requests that the
time he served in support of Operation Iraqi Freedom be reflected on his
Report of Separation (DD Form 214).

2.  The applicant states that he was wounded in Iraq while serving in
Operation Iraqi Freedom and never received a Purple Heart for his wound.
He also states that he desires all of the awards he is entitled to receive
be added to his DD Form 214 as well as the time served during that
operation.

3.  The applicant provides copies of orders awarding him the Combat
Infantryman Badge (CIB), the Army Commendation Medal (ARCOM) and the Army
Achievement Medal (AAM).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records, though somewhat incomplete, show that he
enlisted in the Regular Army in Highland Park, Illinois, on 11 January 2001
for a period of 3 years, training as an infantryman, assignment to Fort
Benning, Georgia, and a $8,000 cash enlistment bonus.

2.  He completed his one-station unit training at Fort Benning, Georgia,
and was assigned to Headquarters and Headquarters Company, 1st Battalion,
30th Infantry Regiment, of the 3rd Infantry Division at Fort Benning for
duty as an indirect fire infantryman.  He was advanced to the pay grade of
E-4 on 11 January 2003.

3.  On 10 January 2004, he was honorably released from active duty (REFRAD)
due to the expiration of his term of service.  He had served 3 years of
total active service and his DD Form 214 issued at the time of his REFRAD
shows that he was awarded the National Defense Service Medal, the Army
Service Ribbon, and the Army Lapel Button.  His DD Form 214 shows no
foreign service or service in support of Operation Iraqi Freedom.

4.  A review of the available records fails to show any evidence that the
applicant was wounded as a result of enemy action, that he was treated for
such wounds or that he was awarded the Purple Heart.  However, his record
is void of any derogatory information that would serve to disqualify him
for award of the Good Conduct Medal.
5.  The orders submitted by the applicant consist of orders awarding him
the AAM for service at the Joint Readiness Training Center (JRTC), Fort
Polk, Louisiana, during the period of 23 August to 20 September 2001 and
the CIB for the period of 20 March to 14 April 2003.  The orders awarding
him the ARCOM on 10 May 2003 contain comments stating that “SPC A------
gets the job done. When injured by a stray bullet he would not be kept
down.  Came back to work the next day, Truly deserving.”  The comments from
the battalion commander were “HOOAH! Great Job – even after being injured,
he is still working hard with his team!”.  The unit address was in Iraq.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

7.  Army Regulation 600-8-22 outlines the criteria for award of the Good
Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is
awarded for exemplary behavior, efficiency, and fidelity in active Federal
military service.  It is awarded on a selective basis to each soldier who
distinguishes him or herself from among their fellow soldiers by their
exemplary conduct, efficiency, and fidelity throughout their service.
There is no right or entitlement to the medal until the immediate commander
has approved the award and the award has been announced in permanent
orders.  Separation transfer points will review records of enlisted
personnel being separated to determine whether they qualify for award of
the GCMDL.  Where possible, a reasonable effort will be made to contact the
unit commander prior to awarding the medal to qualified members.

8.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi Freedom on or after 19 March 2003 to a future
date to be determined by the Secretary of Defense or the cessation of the
operation.  The area of eligibility encompasses all land area of the
country of Iraq and the contiguous sea area out to 12 nautical miles and
the air space above these areas.  To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for 30 consecutive days
or for 60 non-consecutive days or meet one of the following criteria:  a)
be engaged in combat during an armed engagement, regardless of the time in
the area of eligibility; b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or
c)  participates as a regularly assigned air crewmember flying sorties
into, out of, within or over the area of eligibility in direct support of
the military operations [each day of operations counts as one day of
eligibility].  This campaign medal may be awarded posthumously.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant has provided evidence to show that he was wounded
in Iraq, he has failed to provide sufficient evidence to establish that the
wound was the result of enemy action, the date it occurred and that the
medical treatment he received was documented.  Therefore, absent such
evidence, there is no basis to award him the Purple Heart at this time.

2.  However, he has provided evidence to show that he was awarded the CIB,
the ARCOM and the AAM during his service.  Accordingly, it would be in the
interest of justice to correct his records to reflect those awards at this
time.

3.  The evidence also shows that the applicant had excellent conduct and
efficiency ratings throughout his service and his records contain no
derogatory information that would serve to disqualify him for award of the
GCMDL.  Therefore, it must be presumed that the failure to award him the
GCMDL was the result of an administrative error.  Accordingly, it would be
in the interest of justice to award him the GCMDL for the period of
11 January 2001 to 10 January 2004.

4.   Although it can be established that he served in Iraq, the applicant
has not provided and the available records do not contain sufficient
evidence to establish the dates he served in Southwest Asia (SWA).
Therefore, lacking evidence to establish his dates in the theater of
operation, there is no basis to add that information at this time.

5.  The evidence of record also establishes that the applicant is entitled
to award of the Iraq Campaign Medal for his service in Iraq.  Accordingly,
he will be awarded the Iraq Campaign Medal at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  __LB____  __CD___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the GCMDL for the period of 11
January 2001 to 10 January 2004 and the Iraq Campaign Medal and by showing
that he was awarded the CIB, the ARCOM and the AAM.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart and showing the dates of his service in SWA.




            _____Mark Manning___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011591                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |N/A RC SOLDIER                          |
|DATE OF DISCHARGE       |N/A RC SOLDIER                          |
|DISCHARGE AUTHORITY     |N/A RC SOLDIER                          |
|DISCHARGE REASON        |N/A RC SOLDIER                          |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/DECORATIONS                          |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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