RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 OCTOBER 2004
      DOCKET NUMBER:  AR2004102955


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla Troup                   |     |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, in a self-authored statement, that he sustained a
stab wound to his right lower arm and right shoulder on 6 September 1952
from "hand to hand combat with a North Korean Soldier."

3.  He states that he was treated at the temporary hospital that he worked
as a surgical technician and believes that no record of the treatment was
made because of his relationship with the physician who treated him, who
was also his "Platoon Commander."  He believes it was an oversight.

4.  The applicant states that it was his morning off and he was "looking
into some caves on the mountain behind our platoon, when [he] was attacked
by a North Korean with a bayonet."  He states that North Korean stabbed him
and cut him in his right arm, but that he was able to subdue him and
ultimately killed him when he "banged his head on the cave floor until
there was no life in him."  He states that he then went to his platoon for
treatment and the "doctor [he] worked with, cleaned up [his] wounds and put
several stitches in [his] arm" and then told him to take off the rest of
the day.  He states that records were not their greatest concern at the
time.

5.  In addition to his self-authored statement, he also submits a message
from another individual in response to his request for a witness to his
stab wounds.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 August 1957.  The application submitted in this case is
dated
24 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’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 1957 separation document indicates that he had
approximately 21 months of military service prior to reenlisting on 3
August 1951 for a period of 6 years.  The document indicates that he was
trained as a medical specialist and that he served approximately 17 months
overseas where he was awarded the Korean Service Medal.

5.  The files of the Office of The Surgeon General, commonly referred to as
the SGO Files, note that the applicant was treated for pharyngitis in May
1950 at Fort Wadsworth, New York and for tonsillitis in August 1953 while
in Korea.  The files contain no evidence that the applicant was ever
treated for any combat incurred wounds or injuries.  His name was not among
a list of individuals reported as combat casualties during the Korean War.

6.  On 2 August 1957 the applicant was honorably discharged.  His
separation document does not reflect entitlement to the Purple Heart and
item 27 (wounds received as a result of action with enemy forces) reflects
"NA" (not applicable).  The applicant authenticated the accuracy of the
information on his separation document by his signature.

7.  The statement submitted by the applicant in support of his petition to
the Board was apparently a response to his request for a witness to his
stab wound submitted via a Korean War veterans web site.  The statement is
dated
21 October 2002 from an individual who stated that he was present when the
applicant came into "our compount [sic] and I saw the CID remove the north
korean body and his pack with personal items.  I also witnessed your
shoulder and arm bandaged by [Captain S], I believe was his name, (our
Platoon Leader) and doctor."

8.  In response to an inquiry from the applicant, officials at the National
Personnel Records Center in St. Louis, Missouri searched the morning
reports for the applicant’s unit for the period August 1952 to October 1952
and noted that while the unit morning reports confirmed that the applicant
was a member of the organization, there was no indication that the
applicant was wounded in action or that he received any medical treatment.

9.  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.

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 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.  While the applicant notes that records were not their greatest concern
at the time, it is noted that his treatment for tonsillitis, a far less
significant medical event then a combat wound, was made a matter of
official record.

2.  It is also noted that the applicant, as a medical specialist, would
have likely been well aware of the requirement for maintaining medical
records, particularly ones that could substantiate an award of the Purple
Heart.  However, in spite of remaining on active duty for nearly 5 years
after he was allegedly wounded, he took no steps to document the injury or
subsequent treatment.

3.  Unfortunately, in the absence of more compelling medical evidence that
the applicant was wounded as a result of enemy action in September 1952 and
received medical treatment for such a wound, there is no basis for an award
of the Purple Heart.  Neither the applicant's self-authored statement, nor
the response to his request for a witness statement, are sufficient to
award the applicant the Purple Heart.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 August 1960.  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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___LF  __  ___MT __  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.




                                  ____Raymond Wagner _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102955                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041028                                |
|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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