RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001181


      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. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan 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 award of the Purple Heart.

2.  The applicant states that during “Operation Air Drop” for Chinese
forces in World War II, the Japanese fired on an airplane, causing material
– ammunition, food (rice) to fall on him, causing him to have a broken neck
and a cut arm.  No records were kept.  He was a Chinese liaison officer
alone with the Chinese.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1963.  The application submitted in this case is
dated         13 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 enlisted in the New York Army National Guard in December
1938.  On 16 September 1940 he was inducted into the active military
service at Buffalo, New York.  He attended officer candidate school at Fort
Benning, Georgia, and was discharged as an enlisted man on 20 January 1943
in order to accept an appointment as a commissioned officer.

4.  The applicant was appointed an infantry second lieutenant on 21 January
1943 with concurrent call to active duty.  He served as a liaison officer
with the Chinese Training and Combat Command and later with the Chinese
Combat Command (Provisional) during World War II from October 1943 to
October 1945. The applicant was awarded the Combat Infantryman Badge, and
by virtue of that award, the Bronze Star Medal.  He was also awarded the
Commendation Ribbon with Metal Pendant (now the Army Commendation Medal).

5.  The applicant was released from active duty on 11 January 1946 at Fort
Dix, New Jersey.  His WD AGO Form 53-55 (Military Record and Report of
Separation) shows award of the American Defense Service Medal, the Asiatic
Pacific Theater Campaign Ribbon, and the Combat Infantryman Badge.  It does
not show award of the Purple Heart.  Item 30 of that form, Wounds Received
in Action, contains the remark, “NONE.”

6.  Prior to his release from active duty, on 27 October 1945, the
applicant underwent a physical examination.  The report of that physical
examination shows that the applicant had malaria in June 1945 and an
appendectomy in June 1945, and was hospitalized for one month at the 22nd
Field Hospital.  That report shows no other injuries or diseases.

7.  In October 1948 the applicant, then assigned to the Officer Reserve
Corps, applied for extended active duty.  His request was approved and he
entered on active duty on 7 December 1948.  He served continuously on
active duty until his retirement in 1963.  His service included duty in
Germany from January 1950 to May 1953, and in Korea from October 1955 to
January 1957.

8.  On 15 May 1963 the applicant underwent a physical examination.  The
report of that examination shows that the applicant indicated that he had
chronic neck pain since a neck injury in the Burma Theater in 1944; and
that he had intermittent pain to his neck, left shoulder and left hand
since that time.  He was medically qualified for separation with a physical
profile serial of 1 1 1 2 1 1.

9.  On 31 July 1963 the applicant was awarded the Army Commendation Medal
(first oak leaf cluster).

10.  The applicant retired on 31 July 1963.  His DD Form 214 (Report of
Transfer or Discharge) shows award of the Bronze Star Medal, Army of
Occupation Medal (Germany), Army Commendation Medal, National Defense
Service Medal, Armed Forces Reserve Medal, and Armed Forces Reserve Medal
with 10 year device.  It does not show award of the Purple Heart.  Nor does
it show award of the Asiatic-Pacific Campaign Medal, the American Defense
Service Medal, or the Combat Infantryman Badge.

11.  In addition to those awards indicated on his DD Form 214, the
applicant’s Officer Qualification Record shows award of the Combat
Infantryman Badge, the Asiatic-Pacific Campaign Medal, the World War II
Victory Medal, the Good Conduct Medal, and the Commendation Medal with
Metal Pendant.

12.  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.

13.  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.

14.  The World War II Victory Medal is awarded for service between 7
December 1941 and 31 December 1946.

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
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.

16.  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 applicant’s contentions, there is no record that he
was wounded in action during World War II.  There were no wounds indicated
on the October 1945 report of physical examination, and his January 1946
separation report was negative for wounds received in action.
Unfortunately, there is insufficient evidence to show that the applicant
was wounded in action.  Consequently, he is not entitled to award of the
Purple Heart.

2.  The applicant was an enlisted man on active duty from 16 September 1940
to 20 January 1943.  He served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

3.  The applicant is entitled to award of the World War II Victory Medal.

4.  The applicant was awarded the Asiatic-Pacific Campaign Medal, the
Combat Infantryman Badge, the Army Commendation Medal with first oak leaf
cluster, and the American Defense Service Medal.  Those awards should be
shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP  _  ___SP  __  ___SP __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 award of the Army Good
Conduct Medal, the World War II Victory Medal, the Asiatic-Pacific Campaign
Medal, the Combat Infantryman Badge, the Army Commendation Medal with first
oak leaf cluster, and the American Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  ____Margaret Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001181                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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