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ARMY | BCMR | CY2005 | 20050014367C070206
Original file (20050014367C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050014367


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 Armed Forces
Expeditionary Medal for participation in Operation Just Cause in Panama.
He also requests award of the Purple Heart for wounds received in Iraq.

2.  The applicant states, in effect, that he was assigned to the 5th
Battalion of the 87th Infantry in Panama during the period 20 September
1989 through 5 March 1993.  The applicant continues that he participated in
Operation Just Cause during the period 20 December 1989 through 31 January
1990, which he never received orders or was annotated on his DA Form 2-1
(Personnel Qualification Record).  He continues that when he was released
from active duty, the Armed Forces Expeditionary Medal was not listed on
his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant states, in effect, that he received award of the Purple
Heart while in the hospital in Germany; however, no certificate or orders
were given to him.  He continues that he was informed that orders will be
given at the Medical Holding Company.

4.  The applicant provides a copy of a certificate for award of the Army
Achievement Medal, dated 18 December 1990; a Joint Task Force South
"Operation Just Cause" certificate for the period 20 December 1989 through
31 January 1990; a DD Form 214 with a separation date of 17 February 1997;
a DA Form 2173 (Statement of Medical Examination and Duty Status), dated
6 August 2004; a memorandum from the Adjutant General, dated 16 August
2004; page 1 of Patient Movement Request Data Protected by Privacy of 1974;
and six pages of Standard Form 600 (Chronological Record of Medical Care).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 April 1989.  The
applicant continued to serve until he was honorably separated on 17
February 1997.  On 9 June 2003, he enlisted in the United States Army
Reserve in the pay grade E-5 for a period of six years and is currently
serving on active duty.

2.  The applicant's DD Form 214 does not show award of the Armed Forces
Expeditionary Medal.



3.  The applicant submitted a copy of a Joint Task Force South "Operation
Just Cause" certificate.  This certificate states the following:  "Let it
be known that PFC [applicant's name omitted] participated in the Defense
and Stabilization of the Republic of Panama as a member of Joint Task Force
South, United States Southern Command from 20 December 1989 to 31 January
1990."

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal for qualifying service
after 1 July 1958 in U.S. military operations, U.S. operations in direct
support of the United Nations, and U.S. operations of assistance for
friendly foreign nations.  Qualifying service for this award includes
participation in Panama in support of Operation Just Cause from 20 December
1989 through 31 January 1990.

5.  There are no orders in the applicant's records awarding him the Purple
Heart.

6.  DA Form 2173, dated 6 August 2004, shows the applicant was injured on
2 May 2004 outside Ramadi, Iraq.  This form further shows that he was
admitted to a medical facility at Camp Ridgeway, Iraq for injuries he
sustained.

7.  Item 15 (Details of Accident or History of Disease) of DA Form 2173
contains the following entry:  "While deployed in support of OIF [Operation
Iraqi Freedom], SM [service member] was in a convoy O/A 2 May 2004 when the
vehicle he was riding in ran over an IED [Improvised Explosive Device].  He
suffered pain and fracture to left medial talar body and avulsion to right
eye lid/brown/nose area.  Req. air evac [Requires air evacuation]."

8.  The Patient Movement Request Form shows the applicant's injury was
classified as a "Battle Injury" incurred while in support of Operation
Iraqi Freedom.  This form also shows that the applicant's primary diagnosis
was an "Injury War Ops Antiprsnnl Bomb" [Injury War Operations
Antipersonnel Bomb].

9.  Standard Form 600, dated 21 June 2004, shows the applicant underwent
foot surgery on 11 May 2004 for repair a medical talar body fracture which
was incurred on 2 May 2004 in Iraq.

10.  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 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 requests correction of his DD Form 214 to show award of
the Armed Forces Expeditionary Medal.

2.  The Armed Forces Expeditionary Medal was authorized for service in the
Republic of Panama in support of Operation "Just Cause" from 20 December
1989 through 31 January 1990.  The evidence of record confirms the
applicant met the criteria for this award based on his service in Panama in
support of Operation "Just Cause" from 20 December 1989 through 31 January
1990.  Therefore, he is entitled to correction of his DD Form 214 to show
this award.

3.  The applicant requests correction of his records to show award of the
Purple Heart for wounds received in Iraq.

4.  Evidence shows that on 2 May 2004, while in support of Operation Iraqi
Freedom, the applicant was injured while riding in a convoy that ran over
an IED. Evidence also shows he received medical treatment which included
surgery for the injuries he sustained in Ramadi, Iraq.

5.  Evidence confirms the applicant meets the regulatory criteria for award
of the Purple Heart.  Therefore, he is entitled to correction of his
records to show award of the Purple Heart for wounds received on 2 May 2004
in support of Operation Iraqi Freedom.

BOARD VOTE:

_BJE____  _DLL____  _JEV___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by showing award of the Armed Forces Expeditionary Medal in
support of Operation "Just Cause"; and


      b.  by showing award of the Purple Heart for wounds received on 2 May
2004 in support of Operation Iraqi Freedom.




                                _James E. Vick__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014367                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0015.0000                           |
|2.  118                 |107.0072.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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