RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008844


      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. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 he be awarded the Purple Heart and that it be
added to his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states he was wounded in the Korean DMZ (Demilitarized
Zone) while attached to Company A, 2nd Battalion, 31st Infantry, 7th
Infantry Division in Korea.  He further indicates he stepped on a mine in
the DMZ while on ambush patrol in April 1968.  Thereafter, he was moved to
3 different military hospitals and no one from his company ever came to see
or talk to him; he was lost in the shuffle.  He was honorably discharged
from the military on 18 September 1968 based on his permanent medical
disability suffered in the line of duty.  Additionally, he adds he went in
the military service and served his country to the best of his ability.
His service in Korea was during the Vietnam War era.  His company forgot
about him while he was in the hospital and they never awarded him the
Purple Heart Medal.  He is now applying for the Purple Heart Medal he fully
deserves for injuries suffered in the line of duty.

3.  The applicant provides a copy of his DD Form 214 and a copy of DA
Form 199 (Physical Evaluation Board Proceedings).

CONSIDERATION OF EVIDENCE:

1.  1.  The applicant is requesting correction of an alleged error or
injustice which occurred on 18 September 1968.  The application submitted
in this case is dated
31 May 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 3 November 1967, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed Basic Combat Training (BCT) and Advanced
Individual Training (AIT).  Upon graduation he was awarded military
occupational specialty (MOS) 71H20, Personnel Specialist.

4.  The applicant was assigned to Korea from 26 March 1968 to 8 June 1968.

5.  The applicant's Physical Evaluation Board Proceedings indicated he was
engaged in a patrol on the DMZ.  While walking on this patrol, he
accidentally walked into a mine field and stepped on a mine.  As a result
of this accident, he suffered a traumatic amputation of the great toe on
his right foot.

6.  On 18 September 1968, the applicant was found to be permanently
disabled and was permanently retired for disability (30 percent).  His DD
Form 214 shows he was awarded the National Defense Service Medal.

7.  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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there are no time
limitations for requests for award of the Purple Heart.

8.  Special Orders Number 248, dated 16 December 1967, published by
Headquarters, 1st Brigade (BCT), Fort Ord, California awarded the applicant
the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his company forgot about him while he was in the
hospital and, therefore, never awarded him the Purple Heart.  This
statement pre-supposes the applicant was entitled to a Purple Heart.  The
record shows his injury was the result of an accident.  The Purple Heart is
awarded as a result of hostile fire wounding at the hands of an enemy.
Since he was not injured as a result of hostile fire action, he was not and
is not entitled to an award of the Purple Heart.  The Board recognizes the
fact the applicant served his country and accidentally lost a toe in the
line of duty.

2.  Special Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to a
correction of his records to have this badge correctly reflected on his DD
Form 214.

3.  The applicant served within a time frame authorized for award of the
Korea Defense Service Medal.  Therefore, he is entitled a correction of his
records to reflect this award and to have it added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
17 September 1971.  However, there is no statute of limitations on requests
for award of the Purple Heart; therefore, the issue will be decided on the
overall merits of the case.

5.  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

__pbf___  __tmr___  __jcr___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

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 by adding the Marksman Marksmanship Qualification Badge with M-14
Rifle Bar and the Korea Defense Service Medal to his DD Form 214 of 18
September 1968.



                                        Peter B. Fisher
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008844                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0009                                |
|3.                      |107.0141                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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