RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006848


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. 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, correction of his discharge document
to show that he received two awards of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in Iraq by rifle
fire on
13 February 2005 at around 1500 hours.  Then, while waiting to be medically
evacuated, there was a second attack and he was wounded by enemy mortar
fire.  He also states, in effect, that he was given two Purple Heart
Certificates, the first on 8 April 2005 and the second on 3 August 2005.
He concludes by stating, in effect, that he believes a clerical error was
made when his discharge document was prepared showing only one award of the
Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 14
October 2005, and two DA Forms 4980-10 (Purple Heart) Certificates, dated 8
April 2005 and 3 August 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve for a period of 8 years on 23 January 2003.  He entered
active duty in the Regular Army for a period of 4 years on 16 September
2003.  Upon completion of basic combat training and advanced individual
training, the applicant was awarded military occupational specialty 11B
(Infantryman).

2.  The applicant's military service records show that he was assigned to
Company A, 3rd Battalion, 69th Armor, 1st Brigade Combat Team in Iraq in
support of Operation Iraqi Freedom from 24 March 2004 through 13 February
2005.  The applicant was medically evacuated and transferred to the U.S.
Army Medical Department Activity, Southeast Regional Medical Command, Fort
Stewart, Georgia.  On 14 October 2005, he was honorably separated from the
Regular Army and placed on the Temporary Disability Retired List, effective
15 October 2005, after serving on active duty for a total of 2 years and 29
days.

3.  The applicant's military service records contain a copy of a DA Form
4980-10 (Purple Heart) Certificate, dated 8 April 2005, that shows he was
awarded the Purple Heart for wounds received in action in Iraq on 13
February 2005.  This document was signed by the major general in command of
the 42nd Infantry Division (Iraq), on 8 April 2005, and references
Permanent Orders 098-01, dated 8 April 2005, as the promulgating
instrument.

4.  The applicant's military service records contain a copy of
Headquarters,
42nd Infantry Division, Forward Operating Base Danger, Tikrit, Iraq,
Permanent Orders 098-01, dated 8 April 2005.  The orders show that the
applicant was awarded the Purple Heart for wounds received as a result of
enemy or hostile actions on 13 February 2005.

5.  The applicant's military service records contain a copy of an Enlisted
Record Brief (ERB), dated 30 September 2005.  Section VIII (Awards and
Decorations) of this document shows that he was authorized the Purple
Heart, National Defense Service Medal, Global War On Terrorism Service
Medal, Army Service Ribbon, Combat Infantryman Badge, and Parachutist
Badge.

6.  The applicant's military service records contain a copy of a DD Form
214, with an effective date of 14 October 2005.  Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of
this document shows he was awarded the Purple Heart, Army Good Conduct
Medal, National Defense Service Medal, Iraq Campaign Medal, Global War On
Terrorism Service Medal, Army Service Ribbon, Combat Infantryman Badge, and
the Parachutist Badge.

7.  There are no orders in the applicant’s military service records which
show that he was awarded the Purple Heart (1st Oak Leaf Cluster).  Section
VIII (Awards and Decorations) of his ERB does not show a second award of
the Purple Heart.

8.  Coordination with The Adjutant General Directorate, Casualty and
Memorial Affairs Operations Center, U.S. Army Human Resources Command,
Alexandria, Virginia, confirms one (1) incident, on 13 February 2005, when
the applicant was wounded in action as a result of enemy action.

9.  In support of his application, the applicant provides documentary
evidence that includes his DD Form 214 and two DA Forms 4980-10 (Purple
Heart) Certificates, dated 8 April 2005 and 3 August 2005.  The DD Form 214
shows, in pertinent part, that the applicant was awarded one Purple Heart.
The DA Form 4980-10, dated 8 April 2005, shows he was awarded the Purple
Heart for wounds received in action in Iraq on 13 February 2005.  This
document was signed by the major general in command of the 42nd Infantry
Division (Iraq), on
8 April 2005, and references Permanent Orders 098-01, dated 8 April 2005,
as the promulgating instrument.  The award certificate and permanent orders
are both filed in the applicant's military service records.  The DA Form
4980-10, dated 3 August 2005, shows he was awarded the Purple Heart for
wounds received in action in Iraq on 13 February 2005.  This document was
signed by the Commander of the Southeast Regional Medical Command, Fort
Stewart, Georgia, but does not reference the promulgating instrument.  The
award certificate is not filed in the applicant's military service records.

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, and the medical
treatment must have been made a matter of official record.  This document
also states that a Purple Heart is authorized for the first wound suffered,
but for each subsequent award an oak leaf cluster will be awarded to be
worn on the medal or ribbon.  Not more than one award will be made for more
than one wound or injury received at the same instant or from the same
missile, force explosion, or agent.

11.  Army Regulation 600-8-22, Table 3-5 (Steps for Preparing Army Award
Certificates), outlines the steps for preparing Army award certificates and
instructs the Personnel Administration Center/Administrative Clerk, in
pertinent part, to type the Permanent Orders number and date on the left
side of the certificate (e.g., PO 1-99, 1 Jan 05), along with the approval
authority's unit data.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he was wounded in action twice
as a result of enemy action in two separate incidents in Iraq on 13
February 2005.  He also presents evidence that he was issued two Purple
Heart award certificates, dated 8 April 2005 and 3 August 2005; therefore,
he contends that his DD Form 214 should be corrected to show two awards of
the Purple Heart.

2.  While the Board does not dispute the veracity of the applicant's claim,
there is insufficient documentary evidence to corroborate that the
applicant was wounded in a second/separate incident while in action as a
result of hostile action in Iraq on 13 February 2005.  The military awards
regulatory guidance requires that 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.  This document also states that not more than
one award will be made for more than one wound or injury received at the
same instant or from the same missile, force explosion, or agent.

3.  The Board notes that the command that the applicant was assigned to at
the time he was wounded in Iraq issued a Purple Heart award certificate and
promulgated the award by Permanent Orders 098-001, dated 8 April 2005.
However, there is no evidence of record that a second award of the Purple
Heart (i.e., Purple Heart, 1st Oak Leaf Cluster) was announced in orders or
recorded in the applicant's military service records.  As a result, based
on the evidence of record, the Board concludes that the second Purple Heart
award certificate, dated 3 August 2005, issued by the Commander, Southeast
Medical Regional Command, Fort Stewart, Georgia, represents a duplicate
award certificate issued by that command for the wounds the applicant
received in Iraq on 13 February 2005.  Therefore, in the absence of
documentation substantiating the fact that the applicant was wounded in
action during a second/separate incident as the result of hostile action in
Iraq on 13 February 2005, that the wound required treatment, and the
medical treatment was made a matter of official record, there is
insufficient evidence to support the applicant's claim to a second award of
the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BPI __  __RDG__  ___EEM_  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.





                                  ____Bernard P. Ingold____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006848                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20051014                                |
|DISCHARGE AUTHORITY     |AR 635-40, Paragraph 4-14b(2)           |
|DISCHARGE REASON        |Disability, Temporary                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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