RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 February 2004
      DOCKET NUMBER:   AR2003091377


      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. Robert J. McGowan             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Mae M. Bullock                |     |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 that his DD Form 214 (Report of Separation From
The Armed Forces of the United States) be corrected to show award of the
Purple Heart (PH), Good Conduct Medal (GCMDL), National Defense Service
Medal (NDSM), Korean Service Medal (KSM), and United Nations Service Medal
(UNSM).

2.  The applicant states, in effect, that he is a Korean War veteran, but
his DD Form 214 does not properly reflect his awards.

3.  The applicant provides:  a copy of his DD Form 214; a copy of DA Form
1577 (Authorization for Issuance of Awards), dated 17 May 1995, showing
that he is authorized the PH, GCMDL, NDSM, KSM with 4 bronze service stars,
CIB, and UNSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 10 August 1953.  The application submitted in this case is
dated 14 May 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 enlisted in the Regular Army (RA) for 3 years on 10
August 1950.  Following completion of his training, he was awarded military
occupational specialty (MOS) 1641 (Wireman).  On an unknown date, he was
transferred to Korea and assigned to Company G, 35th Infantry, 25th
Infantry Division and assigned duties in MOS 4745 (Light Weapons
Infantryman).  On 29 January 1951 near Suwon, Korea, he was wounded in his
leg when he was struck by enemy rifle fire.  On an unknown date, he was
medically evacuated to the United States where he served the remainder of
his enlistment.

5.  The applicant was honorably discharged on 10 August 1953.  He had 3
years and 1 day of creditable active Federal service and no lost time.  The
extra day of service was classified as "retained in service 1 day for
convenience of the Government."  He was separated as a Private First Class
and his DD Form 214 shows that he received the CIB as his only award,
decoration, or badge.  His DD Form 214 documents his wounds in Item 29
(Wounds).

6.  Other documentation showing that the applicant was wounded includes WD
MD Form 52 (Treatment Record), and Hospital Admission Cards created by the
Office of The Surgeon General.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides, in pertinent part, that the PH is awarded for a wound sustained
as a result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.

8.  AR 600-8-22 (Military Awards) provides that the GCMDL 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 GCMDL, disqualification
must be justified.  That portion of the applicant's record available for
review reflects good conduct (i.e., no lost time, honorable discharge).

9.  AR 600-8-22 (Military Awards) 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.

10.  AR 600-8-22 (Military Awards) provides for award of the KSM.  In
pertinent part, the regulation states that the KSM is awarded for
qualifying service in the theater of operations between 27 June 1950 and 27
July 1954.

11.  AR 600-8-22 (Military Awards) provides for award of the UNSM.  In
pertinent part, the regulation states that the period of eligibility for
the UNSM 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 KSM automatically establishes eligibility for
award of the UNSM.

12.  AR 600-8-22 (Military Awards), in pertinent part, authorizes award of
a bronze service star, based on qualifying service, for each campaign
listed in Appendix B of this regulation and states that authorized bronze
service stars (BSS) will be worn on the appropriate service medal.  A
single silver service star denotes five campaigns.  Although the DA Form
1577 submitted by the applicant shows entitlement to 4 BSS, the available
record is insufficient to determine his campaign participation beyond the
First UN Counteroffensive Campaign (25 January - 21 April 1951) which
covers the date of his wounding.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  The applicant's unit - 35th Infantry Regiment - received
unit awards during the Korean War.

14.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic 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.  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 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 applicant was wounded by enemy rifle fire in Korea on 29 January
1951.  He was medically evacuated as a result of his wounds and was
hospitalized for treatment.  His treatment is a matter of record.  He is
entitled to award of the PH.

2.  The applicant was honorably discharged with no lost time upon
completion of his enlistment.  Given the available records, there is no
indication the applicant was a disciplinary problem.  He is entitled to the
GCMDL for the period 10 August 1950 - 9 August 1953.

3.  By virtue of his RA service from 10 August 1950 - 10 August 1953 and
his documented service in Korea on 29 January 1951, the applicant is
entitled to award of the NDSM, KSM, and UNSM.

4.  The applicant was wounded in Korea on 29 January 1951 during the First
UN Counteroffensive Campaign.  He is entitled to a BSS for that campaign;
however, given the paucity of records documenting his Korean War service,
it is not possible to determine whether he is entitled to any other
additional BSS for participation in other campaigns.

5.  Without knowing the precise dates of the applicant's assignment to the
35th Infantry Regiment, it is not possible to determine whether he was
assigned during a period for which the unit was cited in Department of the
Army Pamphlet 672-1.  It is known that the applicant's unit was not cited
for a unit award on or about 29 January 1951, when he was wounded.

6.  The applicant is advised to make application for the Korean War Service
Medal.  Once he receives that award, he may request that it be officially
added to his records.

BOARD VOTE:

__aao___  __jtm___  __mmb___  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 he was awarded the PH,
GCMDL for the period 10 August 1950 - 9 August 1953, NDSM, KSM with 1 BSS,
and the UNSM.




                 Arthur A. Omartian
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2003091377                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040226                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |