RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050017281


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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.

2.  The applicant states he sustained a knee injury during a mortar attack
that was witnessed by another officer.  He states he did not seek medical
attention at the time because he was being evacuated due to a critical
heart condition.  He states he did receive medical attention to his knee
after his heart condition was addressed.  He states his knee was bandaged
and he was prescribed medicine at that time.

3.  The applicant provides a request for award of the Purple Heart,
initiated by him, and supported by the commander of the 115th Field Support
Brigade at Fort Hood, Texas, a 1 July 2005 statement from a lieutenant
supporting his request, orders awarding him the Combat Action Badge,
extracts from his service medical records, and an extract from his
Department of the Army Veterans Affairs record.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active
duty on 18 August 2001 after being commissioned as a United States Army
Reserve officer in July 2001.

2.  In February 2004 the applicant deployed to Iraq in support of Operation
Iraqi Freedom as a member of the 115th FSB (Forward Support Battalion), 1st
Cavalry Division out of Fort Hood, Texas.  According to his separation
document, he departed Iraq on 18 May 2004 and returned to Fort Hood.

3.  According to extracts of service medical records, provided by the
applicant, he was seen in an emergency room on 23 May 2004 with a chief
complaint of knee pain.  The source of the information contained on the
medical treatment document was not recorded.  However, the treatment
document notes that while in Iraq a mortar explosion caused rocks to strike
the applicant's knee and that he had continued knee pain and swelling
since.  The date of the injury was recorded as 12 May 2004.  A 27 July 2004
medical treatment document records essentially the same information
regarding the applicant's knee.  The 27 July 2004 document also mentions
follow-up treatment for the applicant's heart condition.



4.  An undated Department of Veterans Affairs document notes the applicant
was granted a service connection determination for his right knee pain
based on a 25 May 2003 treatment record which showed the applicant
sustained a right knee injury while serving in Iraq.

5.  The applicant was released from active duty on 20 April 2005 upon
completion of his required active duty service commitment.  His separation
document, which he authenticated, does not reflect entitlement to the
Purple Heart.

6.  On 5 June 2005, more than a month after his separation from active
duty, the applicant signed a Department of the Army Form 4187 (Personnel
Action) requesting award of the Purple Heart.  The commander of the 115th
FSB recommended approval.

7.  A 1 July 2005 statement, signed by a first lieutenant as an addendum to
his
7 May 2005 statement indicates the lieutenant had originally indicated the
applicant fell down by tripping over a large concrete rock but now wanted
to be more specific by stating the applicant was "hit with debris from the
mortar to his right leg that causes him to fall and hit his knee on
concrete."  The 7 May 2005 original statement by the first lieutenant was
not available to the Board or provided by the applicant.

8.  On 26 September 2005 officials at the United States Army Human
Resources Command in Alexandria, Virginia, awarded the applicant the Combat
Action Badge for service on 12 May 2004.

9.  Performance evaluation reports rendered on the applicant in July 2004
and March 2005 made no mention of the applicant being wounded as a result
of hostile action while deployed to Iraq.  The applicant's name was not
among a list of individuals reported as combat causalities during Operation
Iraqi Freedom.

10.  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 an 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 by a medical
officer, and the medical treatment must have been made a matter of official
record.

11.  The Wartime Awards Policy Memorandum, which established the procedures
for administering the CFLCC (Coalition Forces Land Component Command)
Wartime Awards Program for units in support of Operations Enduring Freedom
and Iraqi Freedom, notes that commanders having troops committed to the
combat operations are responsible for completing the Purple Heart in time
for them to be transported with the Soldier.  In the event that this
timeline cannot be met, all necessary documentation for the Purple Heart
will be forwarded to the Army Human Resources Center within 24 hours of the
incident.  Army Human Resources Command is responsible for processing the
Purple Heart awards for Soldiers killed in action or wounded in action and
medically evacuated directly to the United States.  Commanders delegated
award approval authority will complete all Purple Heart recommendations for
Soldiers wounded in action and not medically evacuated from the theater of
operation for additional treatment within 24 hours of the incident.
Required documentation used to determine eligibility and processing of the
Purple Heart will include a Department of the Army Form 4187 or memorandum,
Casualty Report, by-name listing of Soldiers recommended and Verification
of Wounds documentation from the Medical Treatment Facility.

DISCUSSION AND CONCLUSIONS:

1.  Clearly the intent of the Purple Heart was to recognize Soldiers who
were killed or wounded as a result of hostile action.  Wounds which were so
slight that they did not require treatment by a medical officer do not meet
the regulatory requirements for award of the Purple Heart nor could one
conclude they met the intent of the award.

2.  In one instance medical records, rendered 12 days after the initial
injury, state the applicant's knee pain stemmed from rocks striking the
applicant's knee following a mortar explosion.  However, in the statement
submitted in support of his request, the author initially indicated the
applicant hurt his knee when he fell after tripping over a large concrete
rock but subsequently wanted to be more specific by stating the applicant
was hit with debris from the mortar and that caused him to fall and hit his
knee on concrete.

3.  The confusion in the actual source of the applicant's knee pain, the
fact that commanders on the ground did nothing to insure a recommendation
for award of the Purple Heart was initiated, the absence of the applicant's
name on the list of individuals reported as combat casualties and the
applicant's or his chain of command's failure to pursue award of the Purple
Heart until after the applicant's separation from active duty, nearly a
year after the incident, suggests that there is not sufficient compelling
evidence to conclude the applicant warrants an award of the Purple Heart.

4.  The fact the applicant was awarded the Combat Action Badge for actions
on 12 May 2004 is not sufficient evidence to also conclude that he was
wounded as a result of hostile action that same day to warrant an award of
the Purple Heart.

5.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MT __  ___CD __  ___EM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ______ Marla Troup_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017281                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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