RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 February 2004
      DOCKET NUMBER:  AR2003090695


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda M. Baker                |     |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 for wounds sustained
in combat during the Korean War.  He also requests “other medals” due him
as a result of his combat service in Korea.

2.  The applicant states that he was wounded twice while serving in Korea
and that he never received any medals or certificates.  He further states
that he would appreciate the award “now rather than posthumously.”

3.  The applicant provides copies of NA Form 13038 (Certification of
Military Service) and an extract of the Korean War Casualty list, showing
that he was wounded twice, as a result of hostile action, on 18 August
1951, and again on 9 October 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 31
October 1952.  The application submitted in this case is dated 30 April
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 show that he was inducted on 22
February 1951.  He completed training as an infantryman in Military
Occupational Specialty (MOS) 4745 and served in Korea with K Company, 38th
Infantry Regiment, 2d Infantry Division, from 13 August 1951 to 9 October
1951, prior to being medically evacuated from the theater of operations as
a result of multiple wounds sustained when he stepped on a land mine.  He
returned to the United States, where he underwent treatment for his wounds,
and was honorably retired from the Army on 31 October 1952, as a result of
permanent physical disability resulting from his wounds, in pay grade E-3.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) shows award of the
following decorations: one award of the Purple Heart; the Combat
Infantryman Badge; the Korean Service Medal with one bronze service star;
and, the United Nations Service Medal.  No other awards or decorations are
listed.

5.  Headquarters, 279th General Hospital General Orders Number 119, dated
16 October 1951, announced award of the Purple Heart to the applicant for
wounds sustained in combat on 9 October 1951.

6.  Block 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contain the entries “Korea, 18 Aug 51” and
“Korea, 9 October 51.”

7.  Copies of information derived from the hospital admission cards of the
Office of The Surgeon General, commonly referred to as the "SGO Files” show
that the applicant was wounded twice, as a result of hostile action, on 18
August 1951, and again on 9 October 1951.

8.  Army Regulation 600-8-22 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.

9.  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.

10.  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 qualifying period is 3 years.  However, effective 27 June
1950, the qualifying period was modified to include a period of less than 3
years but more than one year when the period for the first award ended 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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by the units
that served in the Korean conflict.  This document shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Korea
Presidential Unit Citation for actions during the period 19 September 1950
to 31 July 1952 by Department of the Army General Orders Number 41-55.

12.  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.

13.  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.  Evidence of record shows that the applicant was awarded the Purple
Heart for wounds sustained on 9 October 1951.  Evidence of record further
shows that the applicant was wounded, as a result of hostile action, on 18
August 1951.  Therefore he is entitled to a second award of the Purple
Heart and correction of his records to show this award.

2.  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.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 February 1951 through 31 October 1952 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  There is no evidence the applicant was
disqualified by his unit commander for award of the Good Conduct Medal.
There is no indication of indiscipline in his service personnel record and
there is no evidence that the applicant had any lost time while on active
duty.  Therefore, he is entitled to correction of his records to show this
award.

4.  General Orders show that the applicant’s unit was awarded the Republic
of Korea Presidential Unit Citation.  Therefore, he is entitled to
correction of his records to show this unit award.

BOARD VOTE:

__rtd____  ___jns__  ___lmb __  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. the Purple Heart, 1st Oak Leaf Cluster, for wounds sustained, as a
result of hostile action, on 18 August 1951;


      b. the National Defense Service Medal;


      c. the first award of the Good Conduct Medal for the period 22
February 1951 through 31 October 1952; and,


      d. the Republic of Korea Presidential Unit Citation.





            _________John N. Slone_____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090695                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040210                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |