RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001002


      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:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Thomas Pagan                  |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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 record be corrected to show that he was
wounded in action.

2.  In a letter to a Member of Congress (MC) the applicant stated that
correcting his DD Form 214 (Report of Separation) to show that he was
wounded in action would give him a much better chance of receiving
continued medical care at the Department of Veterans Affairs (VA) hospital
in Togus, Maine.

3.  The applicant provides a copy of his DD Form 214, a copy of a Western
Union telegram, a copy of his Honorable Discharge Certificate, and a copy
of a letter of support from a MC.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 October 1952.  The application submitted in this case
is dated     7 May 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, the
documents submitted by the applicant are sufficient for the Board to
conduct a fair and impartial review of this case.

4.  The applicant’s DD Form 214 shows that he was inducted into the Army on
   28 November 1950, served in Korea as an infantryman during the Korean
War, and was honorably released from active duty in the rank of sergeant on
            30 October 1952.  His DD Form 214 shows that he had 1 year, 3
months, and     4 days of overseas service, and that he was awarded the
Korean Service Medal, the United Nations Service Medal, the Army Occupation
Medal (Japan), and the Combat Infantryman Badge.  He participated in two
campaigns, US Summer Fall Offensive, and the Second Korean Winter.  He
served with Company C,           19th Infantry Regiment in Korea.  That
form does not show award of the Purple Heart or that he was wounded in
action.

5.  A Western Union telegram, postmarked 24 December 1951, shows that the
applicant’s parents were informed by The Adjutant General that the
applicant was wounded in action in Korea on 1 December 1951.

6.  The applicant was honorably discharged from the Army on 27 September
1956.

7.  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.

8.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

9.  The National Defense Service Medal is award for honorable active
service for any period between 27 June 1950 and 27 July 1954.

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.  Notwithstanding the lack of medical evidence, the telegram to the
applicant’s parents notifying them that he was wounded in action is prima
facie evidence to support his contention.  Consequently, his record should
reflect that he was wounded in action on 1 December 1951.  He is entitled
to award of the Purple Heart.

2.  A combat infantryman, wounded in action, and honorably released from
active duty in the grade of sergeant, shows that the applicant served his
country faithfully and honorably.  He is entitled to award of the Army Good
Conduct Medal.

3.  The applicant is also entitled to award of the National Defense Service
Medal.

BOARD VOTE:

___JP___  ___TP __  ___KL___  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 showing that he was wounded in action
on                 1 December 1951, and by showing award of the Purple
Heart, the Army Good Conduct Medal, and the National Defense Service Medal.



                                  _____ Jennifer Prater________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001002                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040215                                |
|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.                      |                                        |


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