RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040007974


      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. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |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 that the Purple Heart he received in 2003 during
a ceremony at the Citadel in South Carolina be added to his separation
document.

2.  The applicant states, in effect, that he received the award in a
ceremony conducted on the parade grounds at the Citadel and he would like
to have his separation document corrected to properly reflect the awards he
received.

3.  The applicant provides a copy of a newspaper article, which indicates
that a member of a veteran’s center applied for the Purple Heart award on
behalf of the applicant.  The article notes that the applicant was wounded
"from a booby trap (which) shattered his M-1 rifle and broke his right
foot."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 April 1954.  The application submitted in this case is
dated
21 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 entered active duty in April 1951 and served overseas for
approximately 13 months where he was awarded the Korean Service Medal,
Combat Infantryman Badge and the United Nations Service Medal.

5.  According to service medical records, the applicant sustained a
fracture to his right foot on 26 December 1951 when "he stepped on a trip
flare."  Various medical treatment entries indicate that he was WIA
(wounded in action).  His name is among a list of individuals reported as
casualties who had been RTD (returned to duty) during the Korean War.

6.  In March 2002 an official at the National Personnel Records Center
authorized issuance of the Purple Heart to the applicant and he received
the decoration in a ceremony at the Citadel according to information
contained in the newspaper article provided by the applicant.

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 Department of the Air Force has
authorized the Korean War Service Medal, 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:

The medical evidence available to the Board indicates the applicant was
wounded in action on 26 December 1952, received medical treatment, and that
medical treatment was made a matter of official record.  As such, the
applicant meets the basic requirements for award of the Purple Heart and
his records should be corrected accordingly.


BOARD VOTE:

___TH___  ___RO  _  ___JG __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 confirming his entitlement to an award
of the Purple Heart for injuries sustained on 26 December 1952 in Korea.




                            _____Thomas Howard_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007974                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|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.                      |                                        |


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