RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 November 2005
      DOCKET NUMBER:  AR20050002552


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 he be awarded a Purple Heart.

2.  The applicant states that he was injured in the theater of war during
Operation Enduring Freedom on 3 March 2003 on Riyadh Air Base, Saudi
Arabia, and should be awarded the Purple Heart.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of a Presentation of Collateral Investigation Results, the
results of his medical board, orders transferring him to the Temporary
Disability Retired List (TDRL), and his Department of Veterans Affairs (VA)
Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in Los Angeles, California, on 15 March 2001 for a period
of 4 years, training as a petroleum supply specialist, and a cash
enlistment bonus.  He completed his basic training at Fort Knox, Kentucky
and his advanced individual training (AIT) at Fort Lee, Virginia.

2.  Upon completion of his AIT, he was transferred to Fort Bliss, Texas,
where he was assigned to a Patriot battery and was advanced to the pay
grade of E-4 on 18 October 2002.  He subsequently deployed to Saudi Arabia
with his unit in support of Operation Enduring Freedom.

3.  On 3 March 2003, while traveling as a passenger in a military vehicle
at Riyadh Airbase, Saudi Arabia, the vehicle overturned and resulted in the
applicant being critically injured and one Soldier killed.  The applicant
was diagnosed as having residuals of closed head injuries, severe,
consistent with diffuse axonal injury, hemorrhagic infarction of the basis
pontis, right C-2 and C-5 fractures, right scaphoid fracture.

4.  An investigation was conducted which determined that the cause of the
accident was the loss of control of the vehicle due to excessive speed,
reckless driving by the driver (a sergeant), and dusty/dark conditions.

5.  The driver and the convoy noncommissioned officer in charge (a staff
sergeant) were both convicted by courts-martial.

6.  On 9 August 2003, a Physical Evaluation Board conducted at Walter Reed
Army Medical Center, Washington D.C. determined that he was physically
unfit for duty, that his injury was not combat related, and recommended
that he be placed on the TDRL with a 100% disability rating.

7.  The findings and recommendations were approved and on 24 September
2003, he was honorably released from active duty and was transferred to the
TDRL effective 25 September 2003.  He had served 2 years, 6 months, and
10 days of total active service.

8.  The applicant was granted 100% disability compensation from the
Department of Veterans Affairs in 2004.

9.  A review of the applicant’s records fails to show any derogatory
information that would serve to disqualify him for award of the Good
Conduct Medal (GCMDL).

9.  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.

10.  Army Regulation 600-8-22 outlines the criteria for award of the Good
Conduct Medal.  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.  It may be
awarded, for first award only, upon termination of service, on or after
27 June 1950, for service of less than 1 year when final separation was by
reason of physical disability incurred in line of duty.

11.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Expeditionary Medal for soldiers who deploy abroad for service in
the Global War on Terrorism Operations on or after 11 September 2001 to a
date to be determined.  To be eligible for this award a Soldier must be
mobilized with or assigned or attached to a unit participating in
designated operations for 30 consecutive days or for 60 nonconsecutive days
in the areas of eligibility designated, or must meet one of the following
criteria: a)  be engaged in actual ground combat against the enemy and
under circumstances involving grave danger of death or serious bodily
injury from enemy action, regardless, of the time in the area of
eligibility; b) while participating in the designated operation, regardless
of time, is killed or wounded/injured requiring medical evacuation from the
area of eligibility, or c) participate as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area of eligibility in direct support of
Operations Enduring Freedom and/or Iraqi Freedom.  The message also states
that under no condition will any Soldier in the United States receive this
award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was injured in a combat theater and
should have been awarded the Purple Heart has been noted; however, that in
itself does not satisfy the regulatory requirements for award of the Purple
Heart.

2.  While it is regrettable that he was injured in Saudi Arabia, he has
failed to show through the evidence submitted with his application or the
evidence of record that his injury was the result of enemy action.
Accordingly, there appears to be no basis to award him the Purple Heart.

3.  However, it is noted that the applicant’s 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 15 March 2001
to 24 September 2003.

4.  Additionally, the evidence of record shows that the GWOTEM was
authorized subsequent to his being placed on the TDRL and therefore, he is
also entitled to be awarded that medal at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__tap___  __ena___  __jrs___  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 15 March
2001 through 24 September 2003 and the GWOTEM.

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.



                 Thomas A. Pagan
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003540                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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