RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 December 2005
      DOCKET NUMBER:  AR20050006111


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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, in effect, award of the Purple Heart (PH) and
the Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM w/1st OLC).

2.  The applicant states, in effect, that his separation document (DD Form
214) fails to show his award of the PH and his second ARCOM award.

3.  The applicant provides the following documents in support of his
application:  Casualty Feeder Report (DA Form 1156); 3 Sworn Statements (DA
Forms 2823); Personnel Action (DA Form 4187); 270th Military Police (MP)
Company Memorandum, dated 1 October 2004; Chronological Record of Medical
Care (Standard Form 600); and 4 March 2004 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that after having completed both
prior active and inactive service, the applicant was ordered to active duty
in support of Operations Enduring and Iraqi Freedom on 15 March 2003, while
he was a member of the Army National Guard (ARNG).  He served on active
duty until being honorably released from active duty (REFRAD) on 4 March
2004.

2.  The DD Form 214 he was issued upon his REFRAD shows he was serving in
the rank of staff sergeant (SSG/E-6) at that time, and that he completed
11 months and 20 days of active duty service for the period covered by that
separation document.  Item 12(f) (Foreign Service) shows he completed a
total of 8 months and 8 days foreign service.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the separation document shows he earned the
following awards:  Army Commendation Medal; Army Achievement Medal
(3rd Award); Army Reserve Components Achievement Medal; National Defense
Service Medal (2d Award); Armed Forces Reserve Medal with "M" Device
(2nd Award); Noncommissioned Officer Professional Development Ribbon;
Army Service Ribbon; Army Good Conduct Medal; Overseas Service Ribbon; Army
Reserve Components Overseas Training Ribbon; and Parachutist Badge.  Item
18 (Remarks) includes an entry that confirms he served in Kuwait and Iraq.

4.  The applicant’s record is void of any documents, or orders indicating
he was ever recommended for, or awarded the ARCOM w/1st OLC by proper
authority.

5.  The applicant provides a Casualty Feeder Report on file shows the
applicant was medically evacuated to the 109th Combat Support Hospital
(CSH) for being lightly wounded in action on 18 November 2003.  He also
provides a Chronological Record of Medical Care showing he received medical
treatment for a headache, ringing ears and eyes that he received when his
vehicle was hit by an improvised explosive device (IED).

6.  On 1 October 2004, the applicant's platoon leader, a first lieutenant,
prepared a Memorandum for Record (MFR) that indicates that three members
from the 270th Military Police Company, one of whom was the applicant, were
injured in the line of duty while patrolling Baghdad, Iraq during Operation
Iraqi Freedom, which qualified them for the PH.  The unit commander
recommended award of the PH.

7.  The applicant also provides 3 sworn statements, one of which was
self-authored and two from eye-witnesses to the event.  These statements
corroborate his claim of entitlement to the PH.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, and this treatment must have been made a matter of official
record.

9.  Paragraph 3-16 provides that the ARCOM may be awarded to any member of
the Armed Forces of the United States who, while serving in any capacity
with the Army after 6 December 1941, distinguished himself or herself by
heroism, meritorious achievement or meritorious service.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.  An OLC is used to denote
second and succeeding ARCOM awards.

10.  Executive Order Number 13289, dated 12 March 2003, established two new
medals for service in the Global War on Terrorism (GWOT).  They are the
GWOT Terrorism Expeditionary Medal (GWOTEM) and GWOT Service Medal
(GWOTSM).  The GWOTEM was authorized to Soldiers who are assigned to a
designated Area of Expedition (AOE) for 30 consecutive days or 60
non-consecutive days on or after 11 September 2001.  Kuwait  and Iraq are
authorized AOEs.  The GWOTSM is authorized to be awarded to Soldiers who
have participated in or served in support of GWOT operations outside a
designated AOE on or after 11 September 2001.  All Soldiers on active duty,
including Reserve Component Soldiers mobilized and National Guard Soldiers
activated on or after 11 September 2001, having served 30 consecutive days
or 60 non-consecutive days, are authorized the GWOTSM.

11.  Army Regulation 635-5 prescribes the separation documents that are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Paragraph 2-4h
states, in effect, that the total amount of foreign service completed
during the period covered by the DD Form 214 will be entered in Item 12f of
the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was wounded as a
result of hostile action when his vehicle was hit by an IED, and that he
was treated for these combat related injuries by military medical
personnel.  Evidence of this injury and his treatment was made a matter of
official record in an MFR prepared by his platoon leader, in a casualty
feeder report reporting him wounded in action, and in a medical treatment
record confirming he received treatment for his combat related injuries.

2.  Further the applicant's unit commander confirmed the applicant was
wounded in action, and he recommended the applicant receive the PH.
Therefore, the regulatory burden of proof necessary to support award of the
PH has been satisfied in this case, and it would be appropriate to award
him the PH for the wounds he received in hostile action in Baghdad, Iraq on
18 November 2003, and to add this award to his record at this time.

3.  By regulation, in order to support award of the ARCOM a formal
recommendation for the award must be submitted, approval through the chain
of command must be obtained, and the award must be approved by the proper
authority, and announced in orders.
4.  In this case, the record confirms the applicant earned the ARCOM;
however, there is no evidence suggesting he was ever recommended for, or
awarded a second ARCOM by proper authority, and the applicant has failed to
provide any independent evidence to support his claim.  As a result, there
is an insufficient evidentiary basis to support adding the ARCOM w/1st OLC
to his record at this time.

5.  The evidence of record does confirm the applicant was ordered to active
duty in support of Operations Enduring and Iraqi Freedom, and that he
served on active duty for 11 months and 20 days, which included 8 months
and 8 days of service in Kuwait and Iraq.  Based on his more than 3 months
and 12 days of qualifying active duty service the applicant completed in
support of the GWOT outside an authorized AOE, he is entitled to the
GWOTSM.  Further, based on his 8 months and 8 days of service in Kuwait and
Iraq, authorized AOEs, he is also entitled to the GWOTEM.  As a result, it
would be appropriate to add these awards to his record and separation
document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP _  __MHM__  ___ALR_  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 Purple Heart, for wounds
received in hostile action in Baghdad, Iraq on 18 November 2003; by showing
that he is entitled to the Global War on Terrorism Expeditionary Medal and
the Global War on Terrorism Service Medal; and by providing him a
correction to his separation document that includes these awards.

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 1st Oak Leaf Cluster with his Army Commendation Medal.




            ____Shirley L. Powell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006111                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/03/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of required service          |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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