RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060002128


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, that he be awarded all decorations
(including the Good Conduct Medal and the Purple Heart) and badges to which
he is entitled.

2.  The applicant states, in effect, that he received shrapnel wounds to
the left leg in Iraq from an IED (improvised explosive device).  When he
was discharged from the Army, he did not receive all the awards which he
earned during his combat tour in Iraq and Afghanistan.

3.  The applicant submits a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 5 April 2005, the date he was discharged from the Army for disability,
with severance pay.  The application submitted in this case is dated 2
February 2006.

2.  The applicant’s military records show that he enlisted in the US Army
Reserve Delayed Entry Program on 1 May 2000.  He enlisted in the Regular
Army on 27 June 2000.  The applicant completed basic combat and advanced
individual training and was awarded the military occupational specialty
(MOS), 31B (Military Police).

3.  The applicant was honorably discharged on 5 April 2005, under the
provisions of Army Regulation (AR) 635-200, Chapter 4, Paragraph 4-24B(3),
for disability, with severance pay.  He was separated in the rank and pay
grade of Specialist, E-4.  On the date he was discharged, he had completed
4 years, 9 months, and 9 days active military service, with no lost time.

4.  The evidence shows the applicant was diagnosed with chronic plantar
fasciitis, bilateral, with an approximate date of onset of 2000.  He
appeared before a medical evaluation board, on 18 November 2004, and was
referred to a physical evaluation board.  The medical condition, or
defect, was determined to have been incurred while he was entitled to
base pay and did not exist prior to his entry in service.  The applicant
stated he did not desire to continue on active duty and agreed to the
findings and recommendation of the medical evaluation board, on 2
December 2004.  He was referred to a physical evaluation board.

5.  A physical evaluation board convened on 10 December 2004 to consider
the applicant's case.  The board considered the member's condition
described in the records - bilateral chronic plantar fasciitis beginning in
2000, shortly after he entered the Army.  The physical evaluation board
found the applicant to be physically unfit and recommended a combined
disability rating of 10% and that he be separated with severance pay, if
otherwise qualified.

6.  Item 10, of the DA Form 199, Physical Evaluation Board (PEB)
Proceedings, which was completed at the time of the PEB process, states
the following:  "A. The Soldier's retirement is not based on disability
from injury or disease received in the line of duty as a direct result of
armed conflict or caused by an instrumentality of war and incurring in
the line of duty during a period of war as defined by law;" and "C. The
disability did not result from a combat related injury as defined in
26 U.S.C. 104."

7.  The applicant was reassigned to the US Army Transition Center for
transition processing in compliance with Orders 020-0307, published by
XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, dated 20
January 2005.  The additional instructions of the applicant's orders
contain the following statements and answers:  a.) "Disability is based on
injury or disease received in LOD [line of duty] as a direct result of
armed conflict or caused by an instrumentality of war and incurred in the
LOD during a war period as defined by law:  No."  b.) "Disability resulted
from a combat related injury as defined in 26 USC (United States Code) 104:
 No."

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded:  the Army Commendation Medal, the National Defense Service
Medal, the Global War on Terrorism Service Medal, the Global War on
Terrorism Expeditionary Medal, the Army Service Ribbon, and the
Parachutist Badge.  No other awards are shown on the applicant's DD Form
214.

9.  There are no orders in the applicant's Official Military Personnel File
(OMPF) to show he was awarded the Purple Heart or other awards or badges.

10.  There are no orders in the applicant's OMPF awarding him the Purple
Heart or other awards or badges.

11.  The applicant alleges, in effect, he is entitled to award of the
Purple Heart from shrapnel wounds he sustained to his left leg in Iraq from
an IED.

12.  Item 18 (Remarks), of the applicant's DD Form 214, shows he served in
Iraq in support of Operation Iraqi Freedom from 6 April 2003 through 5
April 2004.  The applicant also served in Afghanistan, in support of
Operation Enduring Freedom from 12 December 2001 to 12 July 2002.

13.  The applicant was assigned to the 108th Military Police Company while
he served in support of the above operations.

14.  A review of the applicant's official military personnel file (OMPF)
failed to reveal documentary evidence of disqualification for award of the
Good Conduct Medal.  There is no evidence in the applicant's OMPF that he
was the subject of a courts-martial or any disciplinary action under the
Uniform Code of Military Justice (UCMJ).  There is no evidence of any lost
time by the applicant due to absence without leave or another cause.

15.  AR 600-8-22 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, and the medical treatment must have been made a matter
of official record.

16.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Afghanistan Campaign
Medal.  Award of the Afghanistan Campaign Medal is authorized for service
in direct support of Operation Enduring Freedom on or after 24 October
2001 to a future date to be determined by the Secretary of Defense or the
cessation of the operation.  The area of eligibility includes all land
areas and air spaces of the country of Afghanistan.  To qualify for award
of this campaign medal, service members must have been assigned or
attached to or mobilized with units operating in these areas of
eligibility for 30 consecutive days or for 60 non-consecutive days or meet
one of the following criteria:  a) be engaged in combat during an armed
engagement, regardless of the time in the area of eligibility; b) is
medically evacuated from the area of eligibility for wounds or injuries
resulting from participation in an operation or official duties; or c)
participates as a regularly assigned air crewmember flying sorties into,
out of, within or over the area of eligibility in direct support of the
military operations [each day of operations counts as one day of
eligibility].  This campaign medal may be awarded posthumously.

17.  Only one award of the Afghanistan Campaign Medal may be authorized
for any individual.  Service stars are not prescribed for wear with this
medal; however,
the Afghanistan Campaign Medal may be awarded with the bronze arrowhead
device to eligible Soldiers.  Effective 30 April 2005, the Global War on
Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be
awarded for service in Afghanistan; however, service members who
qualified for the GWOTEM by reason of service between 24 October 2001 and
30 April 2005 in an area for which the Afghanistan Campaign Medal was
subsequently authorized shall remain qualified for the GWOTEM.  Upon
application, any such service member may be awarded the Afghanistan
Campaign Medal in lieu of the GWOTEM for such service; however, no
service member shall be entitled to award of the Afghanistan Campaign
Medal and the GWOTEM for the same act, achievement or period of service.

18.  Military Awards Branch Message [dated 8 April 2005] provided the
following implementing instructions for award of the Iraq Campaign Medal.
Award of the Iraq Campaign Medal is authorized for service in direct
support of Operation Iraqi Freedom on or after 19 March 2003 to a future
date to be determined by the Secretary of Defense or the cessation of the
operation.  The area of eligibility encompasses all land area of the
country of Iraq and the contiguous sea area out to 12 nautical miles and
the air space above these areas.  To qualify for award of this campaign
medal, service members must have been assigned or attached to or mobilized
with units operating in these areas of eligibility for 30 consecutive days
or for 60 non-consecutive days or meet one of the following criteria:  a)
be engaged in combat during an armed engagement, regardless of the time in
the area of eligibility; b) be medically evacuated from the area of
eligibility for wounds or injuries resulting from participation in an
operation or official duties; or c)  participates as a regularly assigned
air crewmember flying sorties into, out of, within or over the area of
eligibility in direct support of the military operations [each day of
operations counts as one day of eligibility].  This campaign medal may be
awarded posthumously.

19.  Only one award of the Iraq Campaign Medal may be authorized for any
individual.  Service stars are not prescribed for wear with this medal;
however, the Iraq Campaign Medal may be awarded with the bronze arrowhead
device to eligible Soldiers.  Effective 30 April 2005, the Global War on
Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be
awarded for service in Iraq; however, service members who qualified for the
GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an
area for which the Iraq Campaign Medal was subsequently authorized shall
remain qualified for the GWOTEM.  Upon application, any such service member
may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such
service; however, no
service member shall be entitled to award of the Iraq Campaign Medal and
the GWOTEM for the same act, achievement or period of service.

20.  AR 600-8-22 provides that the Good Conduct Medal is awarded to
individuals who distinguish themselves through their conduct, efficiency,
and fidelity during a qualifying period of active duty enlisted service.
This period is 3 years except in those cases when the period for the
first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

21.  AR 600-8-22 provides, in pertinent part, that the Army Lapel Button is
a gratuitous issue and the eligibility requirements are as follows:  (a)
Soldiers transitioning with an honorable characterization of service (those
being transferred to another component for completion of a military service
obligation, and those receiving an Honorable Discharge Certificate); (b)
non-adverse separation provision; (c) minimum 9 months continuous service -
a break is 24 hours or more; (d) active Federal service on or after 1 April
1984; or, service in a Ready Reserve unit organized to serve as a unit
(National Guard unit or Army Reserve troop program unit) on or after 1 July
1986; (e) retroactive issuance is not authorized; and (f) no Soldier
separating from the Service is to be awarded more than one Army Lapel
Button.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to support the applicant's contention
that he was wounded by an IED while he served in Iraq.

2.  The evidence shows the applicant was diagnosed with bilateral chronic
plantar fasciitis which had its origin in 2000, shortly after he entered
the Army.  The applicant went before a medical evaluation board and later a
physical evaluation board and was determine to be physically unfit.  The
physical evaluation board recommended that he be separated with severance
pay.

3.  Item 10, of the DA Form 199 that was completed at the time of the PEB
process, states the applicant's separation was not based on disability
from injury or disease received in the line of duty as a direct result of
armed conflict or caused by an instrumentality of war and incurring in
the line of duty during a period of war as defined by law and, the
disability did not result from a combat related injury as defined in
26 U.S.C. 104.
4.  Based on the available evidence of record, the applicant is not
entitled to award of the Purple Heart and to have it added to his DD Form
214.

5.  The evidence shows the applicant was deployed to and served in
Afghanistan in support of Operation Enduing Freedom and in Iraq in support
of Operation Iraqi Freedom.

6.  The applicant served in Afghanistan and in Iraq during the qualifying
period for award of the Afghanistan Campaign Medal and the Iraq Campaign
Medal.  These awards were not included in the applicant's DD Form 214 when
he was discharged.  These service awards were approved and authorized to be
issued to Soldiers who met the established criteria on 8 April 2005, after
the date of the applicant's discharge.  Notwithstanding this, the applicant
is not entitled to both of these awards (the Afghanistan Campaign Medal and
the Iraq Campaign Medal) and the Global War on Terrorism Medal.

7.  Since the Global War on Terrorism Expeditionary Medal was awarded to
the applicant and is already shown on his DD Form 214 and the Afghanistan
Campaign Medal has precedence over the Iraq Campaign Medal, the
Afghanistan Campaign Medal will be awarded and added to the applicant's
DD Form 214.  If the applicant has a preference for the Iraq Campaign
Medal over the Afghanistan Campaign Medal or the Global War on Terrorism
Expeditionary Medal, he has the option of requesting that one or the
other be deleted from his records and the Iraq Campaign Medal be awarded
in its stead.

8.  The evidence shows the applicant was not subjected to courts-martial
or any disciplinary action under the UCMJ while he served on active duty.
 There is no evidence the applicant had lost time due to absence without
leave or another cause. A review of his OMPF did not reveal a
disqualification for award of the Good Conduct Medal; therefore, in the
absence of evidence to the contrary, the applicant is entitled to award
of the Good Conduct Medal for the period from 27 June 2000 through 26
June 2003 and to have this award added to his DD Form 214.

9.  The applicant met the criteria for award of the Army Lapel Button.  He
was discharged for disability with severance pay and was given an honorable
characterization of service and was provided an Honorable Discharge
Certificate. He is therefore entitled to award of an Army Lapel Button and
to have this award added to his D Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____KSJ_  _JI_____  __GJP __  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 the applicant the Good Conduct Medal for
the period 27 June 2000 through 26 June 2003, the Afghanistan Campaign
Medal, and the Army Lapel Button, and adding these awards to the
applicant's DD Form 214.

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 the Purple Heart and its addition to the applicant's DD Form 214.




                                  _____John Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002128                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.  102                 |107.0056                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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