RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 OCTOBER 2004
      DOCKET NUMBER:  AR2004102657


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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.  In disputing the information provided to him from the Military Awards
Branch, Human Resources Command, on 8 December 2003 regarding the
requirement for wounds to have been treated by medical personnel, and made
a matter of official record in order to be awarded the Purple Heart, the
applicant states –

      a.  On the night of 30 November 1950, his unit was cut off from
battalion headquarters by communist Chinese forces.  They were engaged in
small arms fire as close as 10 feet and received 60mm mortar fire;
consequently, they were unable to reach the aid station and there was no
way for medical personnel to treat or document wounds after capture.


      b.  From 30 November 1950 until mid April 1951, no medical treatment
was afforded prisoners of war (POW).  At no time during 33 months of
captivity, did they document medical treatment.


      c.  The comment about insufficient service connected disabilities was
unrealistic and unfair.  He has 100 percent service connected disabilities
and did not see any reason to appeal a zero percent service connected
disability rating for scars for wounds received in combat in Korea.


3.  The applicant provides no other evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1967.  The application submitted in this case
is dated 8 January 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 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 was inducted into the Army on 11 December 1943, served in
the Asiatic Pacific Theater of Operations during World War II and was
discharged on   29 April 1946 with the rank of staff sergeant.

4.  The applicant reenlisted on 5 September 1947 and remained on continuous
active duty until his retirement in 1967.

5.  In March 1950 the applicant was transferred to Korea with his unit,
Battery C, 38th Field Artillery Battalion.  On 30 November 1950 the
applicant was reported as missing in action and subsequently determined to
be a prisoner of war.  He was captured in the vicinity of Somindong, North
Korea.

6.  The applicant was repatriated and returned to military control on 1
September 1953.  A Medical Survey – Master Form, Repatriated American
Prisoners of War, shows in Item 17, Wounds, that block 5 (Extremity) was
marked.

7.  A Report of Medical History in Captivity, dated 6 September 1953, shows
the applicant's diseases that he incurred while a POW, his weight on
capture and weight on release, indicates his wounds on capture, in his
case, "Extremities," and contained a statement by the applicant, "At
present time feel very well.  Had left ear hit by concussion grenade on Nov
30, 1950.  Lost hearing for short time later.  Recovered, but still has a
constant ringing and leaking.  Have G. I. glasses but need new glasses bad
and some dental work."

8.  The applicant continued his military service until his retirement on
             21 December 1967 in the rank of first sergeant.  He had over
22 years of active service.

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound 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, and the medical treatment must have
been made a matter of official record.  Examples of enemy-related injuries
which clearly justify award of the Purple Heart include an injury caused by
enemy bullet, shrapnel, or other projectile created by enemy action, and
concussion injuries caused as a result of enemy generated explosions.
Individuals wounded as a result of "friendly fire" in the "heat of battle"
will be awarded the Purple Heart as long as the "friendly" projectile or
agent was released with the full intent of inflicting damage or destroying
enemy troops or equipment.

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 award to eligible US veterans of the
Korean War, or their surviving next of kin.  The medal is provided at no
cost to the veterans.

11.  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 (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.  There is no clear-cut medical evidence showing that the applicant was
wounded as a result of hostile action.  The medical survey and the report
of medical history in captivity, completed in September 1953 after the
applicant had been repatriated, shows that he had been wounded; however,
the applicant himself would have had to furnish the information at that
time - that he had been wounded by a concussion grenade and that he lost
his hearing for a short period of time.

2.  The applicant indicated in his September 1953 statement that he was
wounded on 30 November 1950, the same date that he was captured.
Consequently, as he has stated in his request, his wound would not have
been treated, at least not by American medical personnel, and if treated by
enemy forces, it is highly improbable that a record of any treatment would
have been    maintained.  Thus, the only record of his being wounded is
based on the information that he furnished in September 1953.

3.  The statements concerning his wound are simple.  He did not elaborate,
but simply went on to say that he also needed glasses.  Although the
evidence is inconclusive, there is no good reason to not believe the
information that he furnished when he was repatriated.  The benefit of
doubt should go to the applicant.  Therefore, the applicant's records
should show that he was wounded in action on 30 November 1950.

4.  Thus the applicant is entitled to award of the Purple Heart.

BOARD VOTE:

___JH___  ___BI___  ___YM __  GRANT 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 showing award of Purple Heart for
wounds received in action on 30 November 1950.





            _____James Hise________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102657                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041019                                |
|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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