RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 APRIL 2004
      DOCKET NUMBER:   AR2003097873


      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. Roger W. Able                 |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 confirmation of entitlement to the Purple Heart.

2.  The applicant states he was wounded in Korea on 3 September 1950 and
treated in Japan.  He states that the Purple Heart was announced while he
was in the hospital but never made a part of his records.

3.  The applicant provides extracts from his service medical records
confirming treatment for his wound and a copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
12 November 1952.  The application submitted in this case is dated
11 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.  Records available to the Board indicate that the applicant entered
active duty in July 1948 and was discharged for the purpose of immediate
reenlistment in July 1949.

4.  The applicant arrived in Korea in July 1950 and on 3 September 1950 was
wounded as a result of hostile actions.  His combat wound is confirmed in a
variety of entries in his records and orders issued at Tokyo Army Hospital
on
11 September 1950 confirmed the applicant’s award of the Purple Heart.  The
award, however, was omitted from his separation document in spite of the
fact that item 29 (wounds received as a result of action with enemy forces)
on the separation document confirmed the wound.  The applicant was assigned
to the 27th Infantry Regiment at the time he was wounded.

5.  The applicant departed Korea in September 1950 and returned in
September 1951.  He returned to the United States in May 1952 and on 12
November 1952 he was honorably discharged.




6. A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
awarded two awards of the Distinguished Unit Citation (now known as the
Presidential Unit Citation) and two awards of the Republic of Korea
Presidential Unit Citation during his tenure with the organization.  The
unit awards were also omitted from his separation document.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the National Defense Service Medal for honorable active
service 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.  The evidence confirms the applicant was wounded in action and awarded
the Purple Heart.  His records should be corrected accordingly.

2.  The evidence also confirms that he is entitled to the National Defense
Service Medal, two awards of the Distinguished Unit Citation (now known as
the Presidential Unit Citation), and two awards of the Republic of Korea
Presidential Unit Citation.

BOARD VOTE:

__RWA__  __RJO __  ___YM__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing:

      a.  he was awarded the Purple Heart; and


      b.  he is entitled to the National Defense Service Medal, two awards
of the Distinguished Unit Citation (now known as the Presidential Unit
Citation), and two awards of the Republic of Korea Presidential Unit
Citation.




            ____Roger W. Able_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097873                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040413                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |