RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 September 2006
      DOCKET NUMBER:   AR20060002978


      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. Andrew C. Jacobs              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Maria 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, in effect, that he be awarded the Purple Heart.


2.  The applicant essentially states that he was wounded in action on
16 November 2004 while in a combat convoy from Balad, Iraq to Forward
Operating Base Paliwoda in Iraq, when his convoy was attacked by an
improvised explosive device and he received a shrapnel wound to his right
wrist.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge From Active Duty) in support of this application.  He
also provided the name of the field medic who treated his wound, and stated
that this medic filed two field medic cards related to his wounding.  He
also provided the names of a captain, first sergeant, and a sergeant who he
claims were personal witnesses.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
25 June 2005, the date of his release from active duty.  The application
submitted in this case is dated 16 February 2006.

2.  Although the applicant’s DD Form 214 is only barely legible in some
portions, it could be determined that he was a member of the Army National
Guard who was ordered to active duty in support of Operation Iraqi Freedom,
and that he served with Company B, 2nd Battalion, 108th Infantry in Iraq
from on or about
8 September 2004 to 1 December 2004.  Item 13 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of
the applicant’s DD Form 214 shows that he was awarded the National Defense
Service Medal, the Global War on Terrorism Expeditionary Medal, the Armed
Forces Reserve Medal with “M” (for Mobilization) Device, and the Army
Service Ribbon.  It does not show that he was awarded the Purple Heart.

3.  A search of the applicant Official Military Personnel File (OMPF)
revealed that the applicant was retained on active duty on 4 January 2005
to voluntarily participate in the Reserve Component Medical Holdover
Medical Retention Processing (MRP) Program for completion of medical care
and treatment.  However, there is no evidence in the applicant’s OMPF which
shows that he was wounded as a result of hostile action.



4.  The applicant provided the name of the field medic who treated his
wound, and stated that this medic filed two field medic cards related to
his wounding.  However, a query to the Army Casualty and Memorial Affairs
Operation Center at the United States Army Human Resources Command
confirmed that the applicant’s social security number did not provide any
results which showed that he was wounded in action.

5.  The applicant also provided the names of a captain, first sergeant, and
a sergeant who he claims were personal witnesses to his wounding.  However,
the applicant did not provide any witness statements from these
individuals.

6.  During a review of the applicant’s records, it was determined that he
is entitled to additional awards and decorations that are not shown on his
DD Form 214.

7.  The applicant’s DD Form 214 does not show that he was awarded the
Global War on Terrorism Service Medal.  However, he served more than 30
consecutive days on active duty outside of the designated area of
eligibility determined for award of the Global War on Terrorism
Expeditionary Medal during a qualifying period of service for award of the
Global War on Terrorism Service Medal.

8.  The applicant’s DD Form 214 does not show that he was awarded the
Meritorious Unit Commendation; however, Multi-National Force – Iraq
Permanent Orders Number 104-015, dated 14 April 2005, awarded the
Meritorious Unit Commendation to Task Force 2nd Battalion, 108th Infantry
while the applicant was assigned to this unit.  This document was found in
the applicant’s OMPF.

9.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.  This regulation also provides that there are no time
limitations on requests for award of the Purple Heart.

10.  The MRP Program was established on 6 March 2004.  The program applies
only to Reserve Component Soldiers on active duty for contingency
operations connected to the Global War on Terror under partial mobilization
10 United States Code (USC) 12302 orders after 6 March 2004.  Reserve
Component Soldiers eligible for the MRP Program must have incurred an
illness, injury, or


disease, or aggravated a pre-existing medical condition in the line of
duty.  Also, military medical authority must determine that the Soldier is
not expected to return to duty (RTD) within 60 days of the time he or she
is injured or becomes ill and will not have at least 120 days left on 10
USC 12302 partial mobilization orders beyond the expected RTD date.

11.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal on or after 11 September 2001
to a date to be determined.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or 60 nonconsecutive days are authorized this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The fact that the applicant provided the name of the field medic who
treated his wound, and stated that this medic filed two field medic cards
related to his wounding was noted.  However, there is no record at the Army
Casualty and Memorial Affairs Operation Center of the United States Army
Human Resources Command of the applicant ever being wounded in action.

3.  The fact that the applicant provided the names of three people he
claims to have been witnesses to his wounding was also noted.  Even if the
applicant had provided witness statements from these individuals, those
statements would not be corroborated by the evidence in his military
records, or the information at the Army Casualty and Memorial Affairs
Operation Center of the United States Army Human Resources Command.

4.  Although the applicant participated in the MRP Program, there is no
evidence which conclusively shows that he did so as the result of receiving
wounds as a result of hostile action.




5.  While the Board does not doubt the veracity of the applicant’s claim to
entitlement to award of the Purple Heart, there is no evidence in the
applicant’s military records to corroborate his claim.  Regrettably, absent
evidence which shows that he was wounded as a result of hostile action, and
that he was treated by medical personnel for wounds incurred as a result of
hostile action which was made a matter of official record, the applicant’s
claim, by itself, is not a sufficient basis to grant award of the Purple
Heart in this case.

6.  The applicant served more than 30 consecutive days on active duty
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal during a qualifying period of
service for award of the Global War on Terrorism Service Medal.  Therefore,
he is entitled to award of the Global War on Terrorism Service Medal, and
correction of his military records to show the award of the Global War on
Terrorism Service Medal.

7.  Permanent orders awarded the Meritorious Unit Commendation to Task
Force 2nd Battalion, 108th Infantry while the applicant was assigned to
this unit.  Therefore he is entitled to award of the Meritorious Unit
Commendation, and correction of his military records to show the award of
the Meritorious Unit Commendation.

8.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MT __  ___CD __  ___ED __  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the Global War on Terrorism Service Medal and the
Meritorious Unit Commendation.


                            _________      Maria Troup __________
                                        CHAIRPERSON
























                                      X

|CASE ID                 |AR20060002978                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20050626                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |DENY WITH ADMIN NOTE                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0034.0000                           |
|3.                      |107.0000.0000 (GWOTSM)                  |
|4.                      |110.0400.0000                           |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]