RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 February 2004
      DOCKET NUMBER:   AR2003088191


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Karen A. Heinz                |     |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 defers to counsel to present his request to the Board.

2.  The applicant states, “I have been trying for many years to get someone
to help me with the paper work needed, then I got busy raising a family.
Now, that I can no longer work I want to get my records straight.”

3.  The applicant’s counsel provides evidence as listed below.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant’s DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Purple Heart, along with other decorations.

2.  Counsel states that the applicant was wounded in both arms and
shoulders during an enemy mortar attack sometime around the 9th or 12th of
August 1952. Counsel further states that the applicant was evacuated to a
nearby Swedish Army Hospital in Seoul and from there to an Army Hospital in
Japan.

3.  Counsel provides a notarized statement from the applicant, a notarized
statement from an eyewitness, a copy of the applicant’s DD Form 214, and a
copy of a Department of Veterans Affairs Compensation and Pension clinical
examination.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 9
April 1953.  The application submitted in this case is dated 3 March 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and consist of his DD Form 214, original
medical and dental records, and copies of information from the hospital
admission cards of the Office of The Surgeon General, commonly referred to
as the "SGO Files.”

4.  The available records show that the applicant was inducted in the Army
on 10 July 1951.  He completed training as an infantryman in Military
Occupational Specialty (MOS) 4745 and served in Korea for 10 months and 17
days.  The exact dates of his service in Korea are not available but the
evidence does show that the applicant served as an infantryman in F
Company, 15th Infantry Regiment, 3d Infantry Division.  He was honorably
separated from the Army in the rank of corporal on 9 April 1953 after
completing 1 year and 9 months of creditable service.  Block 27
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 shows award of the Korean Service
Medal with one bronze service star.  No other awards or decorations are
listed.

5.  Block 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “NONE.”

6.  SGO Files show that the applicant was wounded, as a result of enemy
action, on 4 September 1952.

7.  The US Army Korean War Casualty list shows that the applicant was
wounded, while assigned to the 15th Infantry Regiment, 3d Infantry
Division, on 4 September 1952.

8.  WD MD Form 55A, dated 29 September 1952 shows a final diagnosis as
follows: “Wound, missile, shell fragment, penetrating, anterior aspect
right shoulder, lateral aspect proximal third forearm, volar aspect middle
third left forearm, no artery or nerve involvement, incurred 1015, 4 Sept
52, unknown place, Korea, WIA, when patient was struck by enemy mortar
fire.”

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted personnel
and warrant officers who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Korean War.  This document shows the unit to which the
applicant was assigned, was cited for award of the Bravery Gold Medal of
Greece (presented by the government of Greece) for actions during the
period of the Korean War, by Department of the Army General Orders Number
2, dated 1956.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

15.  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 service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

16.  The Department of Defense 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 submit 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.  SGO Files and the US Army Korea War Casualty list show that the
applicant was wounded as a result of hostile action, while assigned to the
15th Infantry Regiment, in Korea, on 4 September 1952.

2.  Evidence of record shows that the applicant was wounded, and received
medical treatment for wounds sustained as a result of enemy mortar fire, on
4 September 1952.  Accordingly, the applicant is entitled to award of the
Purple Heart and is entitled to correction of his records to reflect this
award.

3.  Evidence of record shows that the applicant was assigned as an
infantryman, to an infantry unit of regimental or smaller size.  The fact
that the applicant was wounded by enemy fire while assigned to the unit
indicates that the unit was engaged in active ground combat.  Accordingly,
the applicant is entitled to award of the Combat Infantryman Badge and
correction of his records to reflect this award.

4.  The applicant was separated in the rank of corporal after less than 2
years of service.  This would indicate exemplary service.  As such, he is
entitled to the first award of the Good Conduct Medal based on completion
of a period of qualifying service of 1 year and 9 months from 10 July 1951
to 9 April 1953.  Therefore, he is entitled to correction of his records to
show this award.

5.  General Orders show that the applicant’s unit was awarded the Bravery
Gold Medal of Greece.  Therefore, he is entitled to correction of his
records to show this unit award.

6.  Evidence of record shows that the applicant is eligible for award of
the United Nations Service Medal. Therefore, he is entitled to correction
of his records to show this award.

7.  Evidence of record shows that the applicant is eligible for award of
the National Defense Service Medal. Therefore, he is entitled to correction
of his records to show this award.

BOARD VOTE:

___fne___  ____kah__  ___jpi __  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 that the individual concerned
was awarded: the Purple Heart for wounds received on 4 September 1952; the
Combat Infantryman Badge; the first award of the Good Conduct Medal; the
Bravery Gold Medal of Greece Unit Award; the United Nations Service Medal;
and, the National Defense Service Medal.








            ________Fred N. Eichorn___________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2003088191                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040205                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |