RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 March 2006
      DOCKET NUMBER:  AR20050009141


      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. James B. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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
for an injury he sustained during a firefight in Iraq.

2.  The applicant states, in effect, he would like to have his record
reviewed to determine his eligibility for award of the Purple Heart.

3.  The applicant submitted a copy of his DD Form 214, Certificate of
Release or Discharge From Active Duty; a copy of an incident map, dated 18
January 2005; an incident graphic, with narrative, dated 18 January 2005;
and a copy of a Standard Form 600, Chronological Record of Medical Care,
with an entry dated 16 February 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he enlisted in the US Army
Reserve (USAR) for 8 years on 4 October 1995.  On 6 December 1995, the
applicant enlisted in the simultaneous membership program, in the pay grade
E-5, in the Louisiana Army National Guard (LAARNG), for 8 years.  He was
discharged from the LAARNG and the Reserve of the Army on 17 December 1997.

2.   On 18 December 1997, the applicant was commissioned a second
lieutenant from the Reserve Officer Training Corps (ROTC) non-scholarship
program and was assigned to the USAR Control Group (Annual Training) and to
the Corps of Engineers.

3.  The applicant was appointed in the Colorado Army National Guard
(COARNG) on 24 July 2000.  He was discharged from the COARNG and was
transferred to the USAR on 24 July 2002 to complete the remaining 3 years,
4 months, and 24 days of his statutory contractual obligation.  The
evidence show the applicant is a captain in the US Army Reserve.

4.  The evidence shows the applicant was ordered to active duty on 10
October 2004 for a period of 179 days in support of Operation Iraqi
Freedom as an engineer plans officer, by AHRC-PDZ-B Orders A-08-408925,
U.S. Army Human Resources Command, St. Louis, Missouri, dated 31 August
2004.  The projected end date of this active duty was scheduled for 6
April 2005.  The applicant's orders were later amended to change his
reporting date and his projected end date of active duty in orders
published on 1 September 2004.

5.  The applicant submitted a map titled, "18 Jan 05 Erinys IED/SAF
[Improvised Explosive Device/Small Arms Fire] Incident Map Location."
Erinys is a British security company contracted to protect the Corps of
Engineers in Iraq.

6.  The applicant submitted a second map titled, "18 Jan 05 Erinys IED/SAF
Incident Graphic," with an event-driven narrative description of an
incident that took place at 1223 hours, 18 January 2005.

7.  The maps the applicant submitted are absent the identification of any
unit.  Additionally, no names of those involved in the incident are
provided in the narrative.

8.  The evidence shows that a physician treated the applicant on 16
February 2005 for persistent left knee pain.  The applicant alleged that he
sustained the injury on 18 January 2005 when he was involved in a secondary
firefight.  The applicant reported that he had continual pain since the
incident, especially when climbing stairs.  The examining physician
suspected a small meniscus tear; he made an appropriate entry on the SF 600
the applicant submitted to support his request.

9.  The applicant was honorably released from active duty, on 7 April
2005, under the provisions of Army Regulation (AR) 600-8-24, Paragraph 2-
7, at the completion of his required active service.  On the date he was
released from active duty, he had completed 4 months and 17 days active
military service for this period.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized)(All period of service), of the applicant's DD Form
214, shows he was awarded:  the Army Commendation Medal (2nd Award); the
Global War on Terrorism Service Medal; the Global War on Terrorism
Expeditionary Medal; the Humanitarian Service Medal; the Army Reserve
Components Overseas Training Ribbon (2nd Award); and the Parachutist
Badge.  The Purple Heart is not shown on the applicant's DD Form 214.

11.  AR 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.
DISCUSSION AND CONCLUSIONS:

1.  To be eligible for award of the Purple Heart, the applicant must
provide substantiating evidence to verify that the wound he received 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.

2.  The evidence the applicant provided shows there was an IED/SAF incident
on 18 January 2005.  The applicant alleges that he was injured in a
secondary firefight following the events shown in the narrative which
accompanied the Incident Graphic; however, there is insufficient evidence
to show conclusively that he was involved in this incident and that he
received his injury as a result of this hostile action.

3.  The maps the applicant submitted in support of his request are absent
the identification of any military unit.  Additionally, no names of those
involved in the incident are provided in the narrative.

4.  The SF 600 the applicant submitted for consideration by the Board for
award of the Purple Heart shows he received treatment for an injury on 16
February 2005, thirty-days after the incident in which he allegedly was
injured in a secondary firefight.  The attending physician diagnosed the
injury to be a suspected small meniscus tear.  He made appropriate
entries on the SF 600 the applicant submitted to support his request for
award of the Purple Heart.

5.  In view of the absence of evidence that would tie the applicant
directly to the IED/SAF incident that occurred on 18 January 2005 for which
he sought medical treatment on 16 February 2005, the applicant is
ineligible for award of the Purple Heart and to have it added to his DD
Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_SAP____  _RGS___  __JBG__  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.




                                  _____James B. Gunlicks____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050009141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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