RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 DECEMBER 2004
      DOCKET NUMBER:  AR2004100509


      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. Mark Manning                  |     |Chairperson          |
|     |Mr. John Denning                  |     |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 award of the Purple Heart.

2.  The applicant states that he is entitled to the Purple Heart due to a
cold weather injury suffered in November or December 1952 while in Korea.

3.  The applicant provides a copy of a 2001 Department of Veterans Affairs
rating decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 December 1953.  The application submitted in this case
is dated 25 November 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.  In March 2002 this Board considered a request, submitted by the
applicant, for award of the Purple Heart based on a reference in a
Department of Veterans Affairs rating document to a shell fragment wound to
his thigh.  The Board denied his request.  Incorporated herein by reference
are military records which were summarized in the 2002 consideration of the
applicant's request for award of the Purple Heart by the Army Board for
Correction of Military Records (ABCMR) in Docket Number AR2001062510, on 28
March 2002.

4.  The Department of Veterans Affairs document submitted by the applicant
in support of his request notes that the applicant was granted a 30 percent
disability rating for residuals of cold injury to the right leg and foot.

5.  Until 1951 Army Regulation 600-45, which governed the award of Army
decorations, stated that for the purpose of considering an award of the
Purple Heart, a “wound” is defined as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
fact of the armed enemy or as a result of a hostile act of such enemy.  An
“element” pertains to weather and the award of this decoration to personnel
who were severely frostbitten while actually engaged in combat is
authorized.  Since 1951 award of the Purple Heart for frostbite injuries
has been prohibited.

6.  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.  Although the applicant may have sustained a cold weather injury during
the Korean War, for which he is now receiving disability compensation,
awards of the Purple Heart for such injuries has been precluded since 1951
when the Army Regulation governing award of the Purple Heart changed.

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 8 December 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
7 December 1956.  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

___MM__  ___JD  __  ___JG __  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.




                                  _____ Mark Manning_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004100509                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041207                                |
|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.                      |                                        |


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