RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004492


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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, in effect, that he should have been awarded the
Purple Heart for injuries incurred in combat from an Improvised Explosive
Device (IED)
on 27 October 2004.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) and medical documentation.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted into the Army for 3 years on 30
January 2003.  He served in Afghanistan from 22 April 2004 to 20 April
2005.  The applicant was honorably discharged on 29 January 2006.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 does not show award
of the Purple Heart.  The applicant's military service records do not
contain any general orders awarding him the Purple Heart.

3.  The Human Resources Command (HRC) verified that there was no casualty
report submitted on the applicant and his name does not appear on the Iraq
Casualty Roster.  Additionally, the applicant’s Official Military Personnel
File (OMPF) does not contain a line of duty investigation.

4.  The applicant provided a medical form that was undated; however, the
form stated that the applicant was sent down by medics for evaluation of
injuries and possible stress.  The form suggested that the applicant
reported to the medical personnel that he was injured by an IED at 0030
hours on 27 October 2004.  The applicant was thrown over the vehicle
landing on the brush guard on the left side of his chest, injured his right
leg, and sprained his right ankle.  The other forms were dated 16 June
2005, 19 September 2005, and 30 September 2005.  These forms indicated that
they were follow-up appointments and provided a synopsis of the applicant’s
medical history.

5.  The applicant provided two DD Forms 689 (Individual Sick Slip).  The
form, dated 28 October 2004, stated that the applicant was thrown from a
vehicle during an IED attack on 27 October 2004 and referred him to a
medical facility for possible post traumatic stress disorder.  The form,
dated 1 November 2004, requested that the applicant be seen by a
psychiatrist.
6.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

7.  Army Regulation 600-8-1 (Army Casualty Program) provides guidelines for
the notification of wounded, injured, or ill personnel.  This regulation
states that an initial casualty report will be submitted within 12 hours on
any Soldier not seriously injured or ill as a result of hostile action.

8.  Army Regulation 600-8-104 (Line of Duty Policy, Procedures, and
Investigations) states that a line of duty investigation must be conducted
in all cases of death or injury, except injuries so slight as to be clearly
of no lasting significance (for example, superficial lacerations or
abrasions or mild heat injuries).  Additionally, the regulation states that
the line of duty determination is presumed to be "LD YES" without an
investigation in the case of injuries clearly incurred as a result of enemy
action or attack by terrorists.

DISCUSSION AND CONCLUSIONS:

1.  Although one of the medical forms references the applicant being
injured while thrown over his vehicle from an IED, there is no date on this
form and no indication of when the applicant reported this injury.  The
sick call slips he provided verify that the applicant was seen within days
of the incident, but his injuries appeared to have been psychological and
post traumatic stress related, which clearly does not qualify him for the
award of the Purple Heart.

2.  Additionally, HRC verified that the applicant’s name was not listed on
the Iraq Casualty Roster and a casualty report was not submitted.  Further,
a review of the applicant’s OMPF did not show a line of duty investigation,
which is required of any significant injury.  In view of these facts, there
is insufficient basis for award of the Purple Heart in this case.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PM ___  __RS ___  __DH ___  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.





                                  _____Patrick McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004492                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|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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