RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JULY 2005
      DOCKET NUMBER:  AR20040008262


      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. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Stanley Kelley                |     |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 his records be corrected to include all
citations justly due him to include addition and issuance of the Purple
Heart.

2.  The applicant states that it is a matter of honor to have the awards
that were never received.

3.  The applicant provides extracts from his service medical records
confirming his combat wound.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 March 1954.  The application submitted in this case is
dated
24 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 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.  Documents available to the Board indicate that the applicant entered
active duty on 13 March 1951 and served overseas for approximately 9 months
where he was awarded, among other things, the Korean Service Medal.

5.  Extracts from his service medical records confirm that he was wounded
as a result of hostile action on 8 July 1953.  He was a member of Company
C, 180th Infantry at the time.  His separation document confirms that he
was awarded the Purple Heart in orders issued by a medical facility on 15
July 1953 and his combat wound is appropriately recorded in item 29 (wounds
received as a result of action with enemy forces).

6.  The applicant was returned to limited duty service on 26 July 1953 and
subsequently assigned to an engineer battalion.  He was honorably
discharged on 9 March 1954.

7.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit (180th
Infantry) was awarded the Republic of Korea Presidential Unit Citation for
the period
10 December 1951 through 31 July 1953, which would have include the
applicant’s period of service with that organization.  The unit award was
omitted from his separation document.

8.  A document included in the applicant’s file indicates that officials at
the Army Reserve Personnel Center in St. Louis authorized issuance of the
applicant’s awards and decorations, including the Purple Heart, in August
1996, based on the applicant’s request.  That authorization noted that
while the applicant was entitled to the Republic of Korea Presidential Unit
Citation, it was a foreign decoration and therefore not issued by the
Department of the Army.  The awards were sent to a post office box in the
town where the applicant continues to reside.

9.  Army Regulation 600-8-22 states that all United States Army medals are
presented without cost to an awardee.  Replacement of medals or service
ribbons for individuals not on active duty may be made at cost.  Requests
for replacement medals will be honored from the original recipients of the
award, or if deceased from certain primary next of kin individuals, by
submitting a request to the Army’s Human Resource Command in St. Louis.

10.  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.  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.  The evidence confirms that the applicant was wounded as a result of
hostile action and awarded the Purple Heart.  The decoration, and the fact
that he was wounded, is already recorded on his separation document and as
such, no additional action is required by the Board.

2.  The evidence does confirm that the applicant is entitled to a Republic
of Korea Presidential Unit Citation, which was omitted from his separation
document.  That decoration should be added to his separation document.

3.  The evidence shows that the applicant was issued his decorations in
1996 and as such, any replacement decorations would be at cost price.  He
is advised that if he did not receive the decorations authorized for
issuance in 1996 he should make another application for those decorations
to the Army’s Human Resource Command in St. Louis, in the same manner as
his original request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS  ___  __SP ___  __SK ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 is
entitled to the Republic of Korea Presidential Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
including any additional awards on his separation document or authorizing
reissuance of his awards and decorations.




                            _______John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008262                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050712                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]