RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 JUNE 2005
      DOCKET NUMBER:  AR20040007833


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      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 a second Purple Heart.

2.  The applicant states that he earned a second Purple Heart as a result
of “4 enemy generated concussion injuries.”  He states that the medic who
treated him did not make a record but he was sent to the “rear first aid
station” for this injury.  He notes that he was just recently encouraged by
the DAV (Disabled American Veterans) organization to file for this second
award.

3.  The applicant provides statements from “4 buddies” who were with him at
the time of the injury.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 August 1952.  The application submitted in this case
is dated
20 September 2004.

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 limitations 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’s separation document indicates that he served on active
duty between November 1950 and August 1952.  He was honorably discharged.
Item 29 (wounds) on his separation document was corrected by an action of
this Board in December 1998 to show that he sustained shrapnel wounds to
his left and right wrists as a result of hostile action in August/September
1951.  He was awarded a Purple Heart in that same Board action.

5.  Included with his application to this Board were four typed “Statements
of Agreement” signed by four different individuals.  Three of the
statements are identical and note that in August and November 1951, on four
separate occasions, the applicant sustained injuries to his back from enemy
concussion rounds.  The fourth statement speaks only to the two incidents
which occurred in August 1951.  Two of the statements submitted in support
of this request were signed by individuals who also submitted witness
statements in support of the applicant’s initial request for award of the
Purple Heart.

6.  The Board granted the applicant’s previous request for award of the
Purple Heart for shrapnel wounds based on the two witness statements and
information from his Department of Veterans Affairs rating documents
showing that he was receiving disability compensation for the injuries.
There were no medical records confirming any back injuries.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

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 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.  Unfortunately, in this particular instance, while the applicant does
provide several witness statements, there are no medical records which
corroborate that the applicant sustained any back injuries resulting from
enemy concussion rounds.  In the absence of such medical treatment
documentation, the witness statements alone are insufficient to confirm
entitlement to additional awards of the Purple Heart.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 August 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 August 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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MP ___  ___PM __  ___LD __  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.




                                  ____Margaret Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007833                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050621                                |
|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.                      |                                        |


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