RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050002846


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 while patrolling the
Demilitarized Zone (DMZ) in Korea, he sprained both his ankles.  He
continues that the DMZ, at that time, was considered a "hot zone."

3.  The applicant provides copies of two his DD Forms 214 (Certificate of
Release or Discharge from Active Duty) with a separation date of 16 July
1995 and 2 August 1991; two DA Forms 3349 (Physical Profile), dated 7 March
1995 and 29 March 1995; six pages of Army medical records; three DA Forms
1059 (Service School Academic Evaluation Report), dated 10 March 1994, 8
April 2001, and 2 June 2001; Headquarters 2nd Battalion 146th Field
Artillery Orders 96-39, dated 6 April 2003; a DA Form 4187 (Personnel
Action), dated 27 September 2003; a three-page Department of Veterans
Affairs Rating Decision, dated 8 March 2003; a four-page Department of
Veterans Affairs letter, dated 20 March 2003; a three-page excerpt about
award of the Purple Heart; and a self-authored letter, dated 11 January
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 15 October 1992 for a period of
three years.  After completion of basic and advanced individual training,
he was awarded military occupational specialty 11B (Infantryman).  He was
honorably separated on 16 July 1995.  The applicant enlisted in the
Washington Army National Guard on 27 August 1999 and is currently serving
on active duty in Kuwait.

2.  The applicant's DA Form 2-1 (Personnel Qualification Record) and DD
Form 214 with the separation date of 16 July 1995, does not show award of
the Purple Heart.  There are no orders in the applicant's service personnel
records which show that he was awarded the Purple Heart.

3.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served
in Korea for the period 3 December 1993 through 6 December 1994.





4.  The applicant submitted a Standard Form 600 (Chronological Record of
Medical Care), dated 6 March 1995, which contains an entry that both of the
applicant's ankles have been hurting since November 1994.  The entry
continues that the injury [sprains] happened in Korea while road marching
downhill, when the applicant slipped on ice and fell; however, his ankles
have never fully recovered.

5.  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.

6.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

7.  The applicant's DD Form 214 does not list the Korea Defense Service
Medal.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

9.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further
provided that, due to extensive time period for the Korea Defense Service
Medal eligibility, the non-consecutive service period for eligibility
remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart
because he was injured while serving in the DMZ – Korea, which was
considered a "hot zone" at that time.

2.  Evidence shows the applicant sprained both his ankles while road
marching in the DMZ.  There is no indication that he was engaged at combat
at the time of the injury.  Absent any other corroborating evidence that
shows the applicant was wounded or treated for wounds due to hostile
action, there is insufficient basis for award of the Purple Heart in this
case.

3.  The Korea Defense Service Medal was authorized for service in Korea
after 28 July 1954.  The evidence of record in this case confirms the
applicant served in Korea from 3 December 1993 through 6 December 1994.  As
a result, it would be appropriate to add the Korea Defense Service Medal to
his record and DD Form 214 at this time.

4.  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

__jm____  ___wdp__  ___lo ___  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 to show award of
the Purple Heart.

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 to show award of the Korea Defense Service Medal.




                                  _____William D. Powers_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002846                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0014                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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