RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050005531


      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             |
|     |Ms. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that he suffered wounds as a direct result of
enemy action on 10 October 2003.

3.  The applicant provides:

      a.  A copy of his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

      b.  Excerpts from his medical records.

      c.  Sworn Statements.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 May 1999 for a period
of
3 years.  He successfully completed training and was awarded the military
occupational specialty (MOS) 96R20 (Ground Surveillance Systems Operator).


2.  On 18 July 2002, the applicant reenlisted for a period of 2 years.  He
was honorably separated on 18 July 2004 and served 5 years, 2 months, and
14 days of creditable active service.

3.  The DD Form 214 he was issued upon his separation shows, in Item
12f (Foreign Service), that he completed 1 year of overseas service.
Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows that the applicant received the
following awards:  Army Commendation Medal (2nd Award), Army Achievement
Medal (4th Award), Army Good Conduct Medal, Korea Defense Service Medal,
Global War on Terrorism Expeditionary Medal, Global War on Terrorism
Service Medal, Noncommissioned Officer’s Professional Development Ribbon,
Army Service Ribbon, Overseas Service Ribbon, Marksmanship Qualification
Badge with Rifle Bar, the Parachutist Badge, and the Army Lapel Button.





4.  The applicant’s record does not contain deployment orders.  However,
his DD Form 214 shows in item 18 (Remarks) that the applicant served in
Uzbekistan,
Turkey during the period 10 February 2002 through 5 March 2003.  Item 18
also shows the applicant served in Iraq during the period 27 March 2003
through 13 February 2004.

5.  The applicant provides a statement from a Soldier who served with him
in the 110th Military Intelligence Battalion.  This individual states that
he and the applicant along with another Soldier were living out of a poorly
constructed hut which had no windows or doors.  He continued that he was
outside with another Soldier when a rocket hit outside their hut and they
ran inside the hut and found the applicant confused and dazed and pulled
him against the wall for cover.  He stated when the fight was over the
medic cleared them but the applicant had some cuts and bruises.

6.  The applicant provides a statement from a Soldier who stated that while
the applicant was performing radio watch, he was awakened by an explosion
and preceded to link up with their team leader [the applicant].  They were
told to wait while the applicant ran back to the building to grab his body
armor and shortly after, a rocket hit next to the building in which the
applicant had just entered.  He explained that the blast from the explosion
caused a loud ringing noise in his ear and knocked him back.  He continued
that the applicant was treated by a medic and luckily it was only cuts and
bruises.

7.  The applicant submitted a self-authored statement in which he stated
that, on 10 October 2003, he was on radio watch and was monitoring his
teams near Zab, Iraq when they began to receive fire from mortars and
rockets.  He explained that he informed his command post and instructed his
Soldiers to monitor the radio while he went to retrieve his body armor from
the hut in which they lived.

8.  The applicant continued that a rocket mortar exploded near the door of
the hut and he remembers dirt and rocks hitting his face and then
everything went black. He further stated the next thing he knew his
Soldiers were standing over him and he was extremely confused, however, he
regained his “whitts” and advised his Soldiers to get against the wall.  He
explained that he and the medic called in air support and the medic
examined several small wounds on his left arm.  He further explained that
his first sergeant commented that he should get a Purple Heart but it was
never awarded.



9.  The applicant provided a Form 600E (Chronological Record of Medical
Care), dated 20 April 2004 from the Conner Troop Medical Clinic at Fort
Drum, New York.  This form shows the applicant was seen at this medical
clinic for a wound sustained during his deployment.  The form contains the
entry “Wounds Checked Out “Left Elbow” as reason for the applicant’s
medical appointment on that day.  The medical notes stated the applicant
was being seen for a follow-up appointment for a “left elbow shrapnel wound
received while on deployment.”

10.  Army Regulation 800-8-22 (Military Awards) 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 the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  There is no statue of limitations governing requests for
award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered and found to have merit.  The record confirms the applicant
served in Iraq from 27 March 2003 to 13 February 2004.

2.  The applicant provided sworn statements from Soldiers who were with him
at the time of rocket attack who confirmed the circumstances in which the
applicant was injured.  The witnesses also noted the applicant had cuts and
bruises shortly after the attack.

3.  The applicant’s injury occurred on 10 October 2003.  However, the
applicant did not seek medical follow-up and documentation until 20 April
2004.  Nonetheless, medical records show the applicant was treated for a
shrapnel wound to the left elbow.  These medical documents are
authenticated by the signature of the medical officer who treated him for
the wound.  Therefore, the applicant’s records should be corrected to show
award of the Purple Heart for wounds sustained as a result of hostile
action on 10 October 2003.

BOARD VOTE:

___JS___  __LDS __  __KWL__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the Purple Heart for wounds received on 10 October 2003 while
serving in Iraq.




                                  ______  John Slone_ ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005531                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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