RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 8, 2005
      DOCKET NUMBER:  AR20040001076


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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, in effect, that he be awarded the Purple Heart.


2.  The applicant states, in effect, that he was wounded during the war and
did not receive proper compensation.  He believes that he should have been
awarded the Purple Heart.

3.  The applicant submits no documentary evidence to support his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were damaged in the National Personnel
Records Center fire of 1973; however, documents critical to the applicant's
request are available.  Additional information was also obtained from
alternate sources.

2.  The applicant's military records show that he was inducted into the
Army of the United States, at Montgomery, Alabama, on 2 October 1952.
Following completion of basic combat training, he completed advanced
individual training and was awarded the primary military occupational
specialty 1745, Light Weapons Infantryman.

3.  The applicant was honorably released from active duty and transferred
to the US Army Reserve in the rank of Private First Class on 5 August 1954
to fulfill his military service obligation.  On the date of his release
from active duty, the applicant had completed 1 year, 9 months, and 4 days
active military service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
Report of Separation from the Armed Forces of the United States, shows that
he was awarded the Good Conduct Medal; the National Defense Service Medal;
the Korean Service Medal, with two bronze service stars; and the United
Nations Service Medal.  The Purple Heart is not shown on the DD Form 214.

5.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows the applicant was assigned in Korea for 1 year, 4 months, and 14
days.
6.  While in Korea, the applicant was assigned to Company G, 279th Infantry
Regiment, 45th Infantry Division, from 12 April 1953 through 21 February
1954 and with the 7th Infantry Regiment, 3rd Infantry Division until 1
August 1954, when he was returned to the United States for release from
active duty.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the entry, "None," an indication that he
did not receive wounds as a result of action with enemy forces.

8.  The applicant's name does not appear on the Korean Casualty File.

9.  Section 8 (Wounds Received Through Enemy Action), of the applicant's
WD AGO Form 230, Service Record, which covers the period of service from
2 October 1952 through 5 August 1954, is blank.

10.  Section 9 (Medals, Decorations, and Citations), of the applicant's
WD AGO Form 230, contains no reference to award of a Purple Heart to the
applicant.

11.  Army Regulation (AR) 600-8-22 provides, in pertinent part, 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.
This regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the applicant
was assigned to a unit, Company G, 279th Infantry Regiment, 45th Infantry
Division, which was awarded the Republic of Korea Presidential Unit
Citation, for the period 10 December 1951 through 31 July 1953 by
Department of the Army General Order (DAGO) Number 30, dated 1954, and for
the period 11 July 1952 through 1 October 1953 by DAGO Number 24, dated
1954.  The Korean government awards the Republic of Korea Presidential Unit
Citation.

13.  The applicant's AGO Form 20, Qualification Record – Enlisted
Personnel, shows, in item 39 (Qualification in Arms) that he qualified
Sharpshooter with the M-1 Rifle on 7 November 1952.  This qualification
badge is not shown on the applicant's DD Form 214.
14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

15.  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
heroic 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 provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board for Correction of Military Records to have it added to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's contention that he was
wounded in action while he served in Korea during the Korean War.

2.  The applicant's name does not appear on the Korean War Casualty File
and his service record and his separation document do not contain any
indication that he was wounded in action against the enemy.

3.  The applicant was assigned to a unit, at a time that it was awarded the
Republic of Korea Presidential Unit Citation.  He is therefore entitled to
this unit award and to have it added to his DD Form 214.

4.  The applicant's qualification record shows that he qualified
Sharpshooter with the M-1 Rifle on 7 November 1952.  This badge is not
shown on the applicant's DD Form 214.  It would be appropriate to add this
qualification badge to his DD Form 214 at this time.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 August 1954, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 4 August
1957.  The applicant did not file within the 3-year statute of limitations.
 However, since award of the Purple Heart is not governed by a statute of
limitations, it is appropriate to waive failure to timely file in this
case.

6.  Evidence shows that the applicant’s records contain administrative
error that does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records as outlined by the
Board in paragraph 2 of the Board Determination/Recommendation section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

mkp____  sap _____  slp  _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show:

      a.  that the applicant was awarded the Republic of Korea Presidential
Unit Citation; and
b.  that he was awarded the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar.




                                  ____Margaret K. Patterson___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040001076                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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