RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 APRIL 2004
      DOCKET NUMBER:   AR2003097023


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Regan K. Smith                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 he was on an outpost in Korea in 1951 when he
"started internal bleeding due to heavy mortar attack[s]."  He states that
he was "taken out by air” to a medical facility where he was hospitalized
for 45 days.

3.  He states that because of his concern for his parents, he declined
award of the Purple Heart.  He states that his parents did not know he was
in combat.  He states that 50 years have now passed and he would like his
Purple Heart.

4.  The applicant provides a photograph of several individuals in hospital
garments.  He identifies himself as one of the individuals in the
photograph.  He also submits copies of two letters, one dated in August
1952 and the other undated but which references a unit reunion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on 4
October 1952.  The application submitted in this case is dated 18 August
2003.

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 limitation 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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant entered active duty on 1 November 1950 and served
overseas for approximately 17 months where he was awarded, among other
things, the Korean Service Medal and the United Nations Service Medal.  He
was honorably discharged on 4 October 1952.

5.  There were no medical records available to the Board, or provided by
the applicant.  His name was not among a list of individuals reported as
combat casualties during the Korea War and item 29 (wounds received as a
result of action with enemy forces) on his separation document reflects
"NONE."  Neither of the letters, submitted in support of his request, or
the photograph confirms that the applicant was wounded in action.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

7.  Army Regulation 600-8-22 also provides, in pertinent part, for award of
the National Defense Service Medal (NDSM) for honorable active service for
any period between 27 June 1950 and 27 July 1954.

8.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign award to eligible US veterans of the
Korean War, or their surviving next of kin.  The medal is provided at no
cost to the veterans.  The Department of Defense has assigned
responsibility to the Department of the Air Force for distribution of the
Korean War Service Medal to eligible veterans or their surviving next of
kin.  To apply, veterans must provide a copy of their discharge paper (DD
Form 214) to the Awards and Decorations Section, Headquarters, Air Force
Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base,
Texas 78150-4714.  A sample request form is being provided to the
applicant.  Once the Korean War Service Medal has been authorized by the
Department of the Air Force, the applicant may apply to the Army Board for
Correction of Military Records to add this foreign award to his DD Form
214.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence available to the Board, or
provided by the applicant, which confirms he was wounded as a result of
hostile action during the Korean War.  In the absence of such evidence,
there is no basis for an award of the Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 October 1955.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to file in this case.

3.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __JPI ___  __RKS __  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  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 entitlement to the National Defense Service Medal.




            _____John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097023                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040415                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |