RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040003042


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon 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 award of a second Purple Heart and an award of
the Silver Star.

2.  The applicant states that he was wounded on or about 13 December 1951
but never received the Purple Heart for that injury.  He states that he was
wounded again in May 1952 and his award of the Purple Heart for that injury
is recorded on his separation document.

3.  The applicant states that his company sergeant recommended him for an
award of the Silver Star based on his actions between 25 May and 26 May
1952. However, he notes that he was told the recommendation was returned
because too many Silver Stars had been awarded.  He states his sergeant
told him the award should be resubmitted the following month.  The
applicant states he believes his actions on the night of 25 May 1952
qualified him for an award of the Silver Star no matter how many awards had
been given out.

4.  The applicant provides no evidence in support of his request, other
than his own statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 January 1953.  The application submitted in this case
is dated
12 May 1998.  The applicant’s original application to the Board was dated
in May 1998.  There is no indication that any action was ever taken on that
original application, other than to acknowledge its receipt.  In June 2004
the applicant submitted a inquiry regarding the original application.

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 requested correction of his records to show award of a
Silver Star.  There are no orders or other evidence authorizing award of
this decoration. In the absence of a proper award authority for this
decoration, the applicant may request award of the Silver Star under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

4.  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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

5.  The applicant entered active duty on 17 April 1951 and served overseas
for approximately 11 months where he was awarded the Combat Infantryman
Badge, Korean Service Medal, and the United Nations Service Medal.  His
separation document does contain an entry in item 29 (wounds received as a
result of action with enemy forces) that confirms he was wounded in May
1952.  However, his record does not reflect award of the Purple Heart.

6.  Documents available to the Board, and which may have been included with
his original application, indicate that in December 1951 a letter was
signed by the commander of the 7th Cavalry Regiment expressing regret that
the recipient of the letter would not be able to accompany the 7th Cavalry
Regiment “to its new station.”  The letter does not indicate whom the
letter was addressed to, although it does contain a handwritten notation
that the letter was “submitted by veteran.”  The commander noted in the
correspondence that the individual was remaining behind not “because we
don’t want you with us, but because the exigencies of the military
situation are such that your services are need here.”  On the bottom of the
letter the applicant wrote that the reason he was not able to accompany the
7th Cavalry was because he was in the hospital with a bullet wound to the
left face cheek.  There were, however, no medical records confirming such a
wound.

7.  In addition to the entry in item 29 on the applicant’s separation
document, which confirms his May 1952 wound, the applicant’s reconstructed
file contains a copy of a Western Union Telegram and a copy of a file from
the Office of The Surgeon General confirming his 26 May 1952 combat wound.
There is, however, no indication that the applicant was ever awarded the
Purple Heart for that wound.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

9.  Army Regulation 600-8-22 also states that the National Defense Service
Medal was awarded for honorable active service for any period between 27
June 1950 and 27 July 1954.  The applicant's separation document does not
reflect entitlement to the National Defense Service Medal.

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 United States
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to the veterans.  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 (Department of Defense 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 separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of
hostile action on 26 May 1952 and as such, is entitled to an award of the
Purple Heart for that injury.

2.  There is, however, no medical evidence that he was wounded previously,
in December 1951.  In the absence of such evidence, there is no basis for
an award of a second Purple Heart.

3.  The evidence also shows that the applicant is entitled to an award of
the National Defense Service Medal.  His records should be corrected to
reflect that decoration.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RW___  __JM ___  ___JR __  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:

      a.  by awarding him the Purple Heart for wounds sustained on 26 May
1952; and


      b.  by showing that he is entitled to the National 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 for wounds he claims were sustained in December
1951.




                            ____ Raymond Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003042                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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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