RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001201


      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 he sustained damage to his right knee in Korea on
      15 April 1951 as a result of enemy action.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 July 1953.  The application submitted in this case is
dated         13 April 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
applicant’s report of separation is sufficient for the Board to conduct a
fair and impartial review of this case.

4.  The applicant’s DD Form 214 (Report of Separation) shows that he
enlisted in the Army on 18 July 1950, served in Korea during the Korean
War, and was honorably discharged on 17 July 1953 at Fort Eustis, Virginia.
 That form shows that he had 1 year, 7 months, and 7 days of foreign
service, and was awarded the Korean Service Medal with five bronze service
stars, the United Nations Service Medal, and the Combat Infantryman Badge.
It also shows that he was wounded as a result of action with enemy forces
on 15 April 1951 in central Korea, sustaining an internal derangement to
his right knee.

5.  Information from hospital admission cards created by the office of The
Surgeon General shows that the applicant was treated for an injury to the
ligaments of his knee joint on 15 April 1951.
6.  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 injury caused by
enemy placed mine or trap and injury caused by vehicle or aircraft accident
resulting from enemy fire.

7.  The National Defense Service Medal is awarded for honorable service for
any period between 27 June 1950 and 27 July 1954.

8.  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.

9.  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.  The evidence shows that the applicant was wounded as a result of enemy
action on 15 April 1951.  He is entitled to award of the Purple Heart.

2.   The applicant is entitled to award of the National Defense Service
Medal by virtue of his honorable service during the period noted above.



BOARD VOTE:

___MP __  ___SP __  ___SP __  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 award of the Purple Heart and
the National Defense Service Medal.





                            ____Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001201                           |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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