RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 APRIL 2004
      DOCKET NUMBER:   AR2003097832


      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 sent to a hospital in the rear with burns
on
9 October 1951 and subsequently transferred to another hospital where "they
also found shrapnel" in his hands and knees.  He states that an officer
told him he would receive the Purple Heart.

3.  The applicant provides a copy of a unit morning report in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
16 September 1952.  The application submitted in this case was received on
25 September 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 was inducted and entered active duty on 12 December 1950
and served overseas for approximately 7 months where he was awarded the
Korean Service Medal and the Combat Infantryman Badge.  The applicant was
assigned to the Heavy Mortar Company of the 23rd Infantry Regiment.

5.  The unit morning report, submitted by the applicant in support of his
request, indicates that the applicant was transferred from a duty status to
the hospital effective 7 October 1951.  The report noted that the
condition, which warranted




his transfer to the hospital, resulted from a "NB" (non-battle) condition.
Item 29 (wounds received as a result of action with enemy force) on his
separation document reflects "NONE."  The applicant's name was not among a
list of individuals reported as combat causalities during the Korean War
and a review of the historical files of the 23rd Infantry Regiment,
maintained at the National Archives in College Park, Maryland, also failed
to confirm that the applicant was wounded in action.

6.  The applicant was honorably discharged on 16 September 1952.

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

8.  Army Regulation 600-8-22 also provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

9.  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 United States
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 (Department of Defense 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 separation document.





DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
confirms that he was wounded as a result of hostile action during the
Korean War.  The unit morning report, which he did provide in support of
his request, indicates that his hospitalization was the result of a non-
battle condition.  In the absence of more compelling medical evidence
confirming that the applicant was wounded as result of hostile action,
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 16 September 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 September 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 and the
United Nations Service Medal.




            _____John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097832                            |
|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.                      |                                        |