RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2005
      DOCKET NUMBER:  AR20040002865


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 records be corrected to note that he
was twice wounded in action during the Korean War.

2.  The applicant states that he was wounded in action in Korea on 3
September 1951 and again on 8 October 1951, but only the 8 October 1951
wounding is annotated in the records.

3.  The applicant provides

      a.  Self-authored letter dated 1 June 2004.

      b.  Undated, unidentified newspaper article stating that the
applicant was awarded the Purple Heart with Oak Leaf Cluster.

      c.  Undated, unidentified newspaper article stating that the
applicant was wounded on 3 September 1951 after only 9 days in Korea.

      d.  Western Union Telegram, dated 21 October 1951, stating he was
wounded on 8 October 1951.

      e.  Letter from Senator John L. McClellan, dated 31 October 1951, to
applicant's parents expressing condolences on applicant's "recent"
wounding.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 December 1952.  The application submitted in this case
is dated 31 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.  This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant, his DD Form 214 (Report
of Separation), and Hospital Admission Cards created by the Office of The
Surgeon General (SGO), Department of the Army.

4.  The applicant was inducted into the Army of the United States on 6
March 1951.  He was sent to Korea where he served 10 months and 28 days.
He was returned to the United States and honorably separated at Fort Bliss,
Texas on 5 December 1952 after 1 year and 9 months of creditable service
with no lost time.

5.  The applicant's DD Form 214 shows that he was awarded the Korean
Service Medal with 2 bronze service stars, the Combat Infantryman Badge,
the Purple Heart, and the United Nations Service Medal.  It also shows that
he was LWA (lightly wounded in action) when he received a GSW (gunshot
wound) to his left hand on 8 October 1951.

6.  There are two SGO Hospital Admission Cards for the applicant.  The
first shows that he was treated for a wrist wound on 3 September 1951 which
was caused by enemy shrapnel.  This entry also shows that he had been in
Korea only 9 days at the time he was wounded.  The second shows that he was
treated for a broken finger on 8 October 1951 which was caused by an enemy
"Bullet, small arms:  Machine gun."

7.  The Korean War Casualty File is a compilation of Soldiers who were
wounded during the Korean War.  The applicant is listed once for wounds
received on 8 October 1951.

8.  Army Regulation (AR) 600-8-22 (Military Awards) 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:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

9.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.

10.  AR 600-8-22 provides, in pertinent part, for award of the National
Defense Service Medal (NDSM) for honorable active service for any period
between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August
1974, and between 2 August 1990 and 30 November 1995.

11.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic 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 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.

12.  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 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 applicant's wounding on 8 October 1951 is well documented and is
reflected on his DD Form 214.  At issue is his wounding on 3 September
1951.

2.  The applicant provides evidence in the form of an undated, unidentified
newspaper article showing that he was wounded in Korea after just 9 days in
country.

3.  The applicant provides evidence in the form of an undated, unidentified
newspaper article showing that he was wounded in Korea and awarded the
Purple Heart with Oak Leaf Cluster.

4.  The SGO Hospital Admission Cards show two entries for the applicant:
he was treated on 3 September 1951 for a wrist wound after just 9 days in
Korea [emphasis added]; and he was treated for a broken finger on 8 October
1951 after being struck by an enemy machine gun bullet.

5.  Based on the evidence of record, it appears the applicant was wounded
twice in Korea and is entitled to an oak leaf cluster for his Purple Heart.

6.  The applicant is also entitled to award of the Good Conduct Medal and
the National Defense Service Medal.

BOARD VOTE:

__rjw___  __jtm___  __jkr___  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:

      a.  Deleting the Purple Heart from his DD Form 214; and

      b.  Adding the Purple Heart with Oak Leaf Cluster, the Good Conduct
Medal, and the National Defense Service Medal.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002865                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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