RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060009547


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 states, in effect, that he served on active duty in Iraq
from 27 March 2003 through 24 March 2004.  He states he was wounded on 28
April 2003 as shown on medical status reports.  He adds, in effect, that
his being wounded was verified by two witnesses and can also be verified by
the two pictures he included with his request.  The Purple Heart, he
continues, should be awarded.

3.  In support of his request, the applicant submits copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty; a copy of
a Memorandum for Record, Subject:  Certification of Deployment Dates for
[the applicant] in Support of Operation Iraqi Freedom on the Dates
Indicated, dated 27 March 2003; a copy of a DA Form 2173, Statement of
Medical Examination and Duty Status, dated 2 March 2004; a copy of an
Automated Version of a Standard Form 600, Chronological Record of Medical
Care, dated 3 March 2004; a copy of a Radiological Examination Report,
dated 4 March 2004; a copy of an e-Mail message sent by the applicant
apparently to himself; a copy of an e-Mail message received by the
applicant from one of his two witnesses and a short note addressed, "To
Whom it May Concern" from the second of his two witnesses; and a copy of
two photographs purported to be those of the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 September 2004, the date he was released from active duty,
at the completion of his active duty service.  The application submitted in
this case is dated 29 June 2006 and was received for processing on 7 July
2006.

2.  The applicant’s military records show that he enlisted in the US Army
Reserve, Delayed Entry Program, on 11 September 2001.  He enlisted in the
Regular Army on 20 September 2001.  The applicant completed basic combat
and advanced individual training and was awarded the military occupational
specialty (MOS), 19D (Cavalry Scout).

3.  The applicant was honorably released from active duty on 19 September
2004, under the provisions of Army Regulation (AR) 635-200, Chapter 4, in
the rank and pay grade of Specialist, E-4.  On the date he was released
from active duty, he had completed 3 years service with no time lost.

4.  Item 12 (Record of Service), and more specifically, Item 12.f.
(Foreign Service), of the applicant's DD Form 214, shows he was given no
foreign service credit while he served on active duty.

5.  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 Lapel Button; the Army Commendation Medal (2nd Award);
the National Defense Service Medal; the Global War on Terrorism Service
Medal; the Army Service Ribbon; and the Driver and Mechanic Badge, with
Driver T-Bar [for tracked vehicles].  No other awards are shown on the
applicant's DD Form 214.

6.  Item 18 (Remarks), of the applicant's DD Form 214, has no entry to show
he served in Iraq in support of Operation Iraqi Freedom.

7.  There were no orders for deployment to or redeployment from Iraq
provided for the Board's consideration.  There were no orders for
deployment to or for redeployment from Iraq in the applicant's official
military personnel file (OMPF).

8.  The Memorandum for Record, Subject:  Certification of Deployment Dates
for [the applicant] in Support of Operation Iraqi Freedom on the Dates
Indicated, dated 27 March 2003, he submitted in support of his request
conflicts with the dates he provides in his application to the Board.  The
applicant contends he served in Iraq from 27 March 2003 through 24 March
2004.  The memorandum states he served in Iraq from 29 March 2003 through 5
March 2004.  The memorandum itself is dated 27 March 2003.  [Note:  This
may be a typographical error since it refers to events that occurred after
it was apparently prepared and signed.  This error may also be an
indication the person who signed the memorandum did so without benefit of
supporting documentation or without knowledge of the veracity of the
information contained in the memorandum.]

9.  In an e-Mail message the applicant apparently prepared and sent to
himself on 5 May 2006, he describes the situation and events he remembers
(he claims he wandered in and out of consciousness) and those events
other Soldiers told him about the day he allegedly was wounded in action.
 The applicant states the events took place on 14 April 2003.  In his
request to the Board, he states he was wounded on 28 April 2003.  The
memorandum cited in paragraph 8 above gives no indication the applicant
was wounded in action while in Iraq.  The memorandum contains a section,
paragraph 2.b., to report any time spent in the hospital.  The applicant
in his e-Mail message states he was medically evacuated to the 21st CSH
(Combat
Support Hospital) in Balad, Iraq, for medical treatment.  The memorandum
cited in paragraph 8 above has no date of departure from the unit for the
purpose of hospitalization or no date of his return from hospitalization.

10.  Medically-related documents submitted by the applicant all contain a
March 2004 date.  The alleged wound was sustained by him in April 2003,
nearly a year earlier.  The Patient Administration Director, when the form
was prepared for his signature, had a statement entered in item 11 (Medical
Opinion), of the form, which reads as follows:  "As per Standard Form 600
dated 01 March 2004, no documents from Iraq."  Item 15 (Details of Accident
or History of Disease), of the form shows the following entry:  "SM stated
on or about 28 April 2003 he sustained shrapnel wounds from a mortar round
to his left leg.  SM admitted in Iraq (emphasis added) and returned to
duty."

11.  The applicant's first witness states the applicant was wounded in Iraq
on 15 April 2003.  The applicant, according to this witness was medically
evacuated but there is no indication in this statement the applicant lost
consciousness as the applicant stated in his own report of the events that
transpired.

12.  The personnel records for this witness were reviewed.  The DD Form 214
that was provided to this witness who was released from active duty in the
rank of sergeant, at the completion of required active service, shows he
was given credit for one year foreign service.  His DD Form 214 shows he
served in Iraq for the period 31 March 2003 through 30 March 2004.  He was
awarded those service awards representative of service in Iraq.

13.  The personnel records for the applicant's second witness were
reviewed. The DD Form 214 that was provided this witness who was released
from active duty in the rank of specialist, at the completion of required
active service, shows he was given no foreign service credit.  He was
awarded no service awards representative of service in Iraq.

14.  An inquiry was made to the Casualty Assistance Office, US Army Human
Resources Command, Alexandria, Virginia, to determine if the applicant had
been reported as a casualty (wounded in action and hospitalized) in April
2003 while he allegedly served in Iraq.  There is no record the applicant
was reported as wounded in action or hospitalized in Iraq in April 2003.

15.  The ABCMR considers individual applications that are properly brought
before it.  In appropriate cases, it directs or recommends correction of
military
records to remove an error or injustice.  The ABCMR will decide cases on
the evidence of record.  It is not an investigative body.

16.  The applicant was twice awarded the Army Commendation Medal; however,
neither a copy of the recommendation, orders, or the citation for these
awards are available for the Board's review.

17.  The applicant states he was wounded; however, in his request, he
never specifically states on which part of his anatomy.  The photograph
shows a Soldier whose right arm is bandaged.  There is no injury to the
left leg that is visible in the photographs.  The medical documents that
were submitted nearly a year after the alleged event state he was wounded
on the left leg.

18. The applicant signed his DD Form 214 on his release from active duty on
19 September 2004.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required medical treatment, and the medical
treatment must have been made a matter of official record.

2.  The applicant submitted statements from two alleged witnesses and two
photographs he says proves he was wounded in Iraq.  The service records
for the alleged witnesses were reviewed.  One of the witnesses saw
service in Iraq and there is no evidence the other witness did.  One
witness' DD Form 214 shows those awards that are typical for service
performed in Iraq.  He was given credit for foreign service and an entry
in the Remarks Section of his DD Form 214 specifically states he served
in Iraq.  One witness' DD Form 214 has no entries to indicate he served
in Iraq.  He was not given credit for foreign service and there is no
entry in the Remarks Section of his DD Form 214 specifically stating he
served in Iraq.  His DD Form 214 shows none of the awards that are
typical of service in Iraq.
3.  The photographs the applicant provided are not "official US Army
photographs" and therefore are not acceptable as evidence in this case.

4.  The applicant submitted a memorandum for record which states he
deployed in support of Operation Iraqi Freedom; however, the information
recorded on this memorandum conflicts with the date information the
applicant provided in his request and the dates given by his witnesses.
The conflict in critical dates given in the memorandum, by the witnesses,
and the applicant, renders the memorandum suspect, at best.  As noted
above, the date of the memorandum (27 March 2003) may be a typographical
error since it refers to events that occurred after it was apparently
prepared and signed.  This error may also be an indication the person who
signed the memorandum did so without benefit of supporting documentation
or without knowledge of the veracity of the information contained in the
memorandum.

5.  Notwithstanding the above, the Casualty Assistance Office, US Army
Human Resources Command, had no information to corroborate the
applicant's allegation he had been wounded in action and was hospitalized
in Iraq in April 2003.

6.  On the date of his release from active duty, the applicant signed his
DD Form 214.  There is no indication the applicant contested the
contents, or the lack of service awards and the Purple Heart, with
operating personnel at the separation point.

7.  The applicant's signature on the form attests to the accuracy and
completeness of the information recorded on his separation document
therefore, the applicant is not entitled to award of the Purple Heart and
to have it recorded on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____rn__  __EM ___  ___WFC _  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.




                                  _____William F. Crain____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060009547                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |144.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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