RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050013207


      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             |
|     |Mrs. Victoria Donaldson           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 award of the Purple Heart for injuries received
in Iraq.

2.  The applicant states he was wounded by a mortar while serving in Iraq
and he meets all of the criteria for award of the Purple Heart.

3.  The applicant provides a 30 April 2004 memorandum, a copy of a DA Form
4187 (Personnel Action), and copies of his medical records in support of
this application,  The applicant stated that he provided a copy of a DA
Form 638 (Recommendation for Award), however, this form was not attached to
this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the United States Army Reserve
on 2 August 2000 for a period of eight years.  The applicant transferred to
the Regular Army on 20 June 2001.  The applicant is currently serving on
active duty as a sergeant/pay grade E-5.

2.  The applicant submitted several pages of military medical
documentation.  These files show that, on 23 April 2004, the applicant was
"lightly wounded in action" while at Camp Warhorse, Iraq.  These files also
show the applicant was treated for superficial neck lacerations, mild pain
(right wrist) and for ringing in the ears.

3.  The applicant's records contain a two-page Casualty Status Report ,
dated 26 July 2005.  This form shows the applicant was treated for "NSI
ill/injury" [not serious injury or illness] for wounds received as a result
of "weapons effects."  This form further shows, on 23 April 2004, the
applicant was wounded in action and the inflicting force was enemy forces.

4.  The applicant submitted a copy of a DA Form 4187.  This form shows the
applicant was recommended for award of the Purple Heart based on wounds
sustained as result of enemy mortar fire.  This form also shows in Section
V (Certification/Approval/Disapproval) that a member of the chain of
command who was not the approval authority recommended disapproval.

5.  There is no evidence in the available records which shows the
appropriate award authority, the Commanding General of the 1st Infantry
Division, took any action on the DA Form 4187.

6.  The applicant provided a copy of his 30 April 2004 memorandum to the
commander of Bravo Company, 121st Signal Battalion.  The applicant stated
that he was with another Soldier at the time of the mortar attack and that
they ran to the area designated by the unit standard operating procedures.

7.  The applicant continued that after it was declared clear, he and the
fellow Soldier were taken to the 201st Aid Station for treatment and
inspection.  The applicant concluded that after treatment, they were
released and returned to duty.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against and 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, and the medical
treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Purple Heart for
wounds received in Iraq.

2.  The DA Form 4187 submitted by the applicant shows a recommendation for
disapproval, however, there is no evidence in the available records which
show that the appropriate approval authority disapproved the award of the
Purple Heart.

3.  The preponderance of evidence shows that on 23 April 2004, while
serving on active duty in Iraq, the applicant sustained wounds as a result
of hostile action and was treated for those wounds.

4.  Therefore, the applicant is entitled to correction of his records to
show award of the Purple Heart for wounds sustained on 23 April 2004.









BOARD VOTE:

_JM_____  _JA____  __LD____  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
showing award of the Purple Heart for wounds sustained on 23 April 2004
while serving in Iraq.





                                       James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013207                           |
|SUFFIX                  |                                        |
|                        |                                        |
|DATE BOARDED            |2005/10/25                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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