RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040003892


      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. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |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 reflect
entitlement to the Purple Heart.

2.  The applicant states that during the “Korean Conflict” he sustained a
wound to his forehead and seriously damaged both ears when he “set up an
explosive charge that exploded prematurely in [his] face.”  He notes he
received treatment at a Vietnamese hospital and is currently receiving
disability compensation from the Department of Veterans Affairs for his
hearing loss.

3.  The applicant provides a copy of his 1998 Department of Veterans
Affairs rating decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1963.  The application submitted in this case is
dated
29 June 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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant’s separation document indicates that he had nearly 9
years of active Federal service prior to entering active duty on 6 December
1950.  He retired, by reason of length of service, on 31 March 1963 with
nearly 21 years of active Federal service.

5.  The applicant’s separation document, which indicates the applicant was
awarded the Korean Service Medal and the United Nations Service Medal,
confirms his deployment to Korea during the Korean War.  There is, however,
no evidence which confirms he was ever wounded as a result of hostile
action.

6.  Item 27 (wounds received as a result of action with enemy forces) on
his separation document reflects “NONE.”  There were no service medical
records available to the Board, or provided by the applicant.

7.  The applicant’s 1998 Department of Veterans Affairs rating document
indicates that the applicant was originally granted a 40 percent disability
rating for hearing loss effective in October 1978 and that it was increased
to 60 percent effective in September 1997.

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.  Wounds or injuries, which were accidentally incurred, are
not a basis for an award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence available to the Board which confirms that
the applicant was wounded as a result of hostile action during the Korean
War.  Rather, the information provided by the applicant, that a charge
exploded early, suggests that any resulting injuries may have been
accidentally incurred and as such, would not warrant an award of the Purple
Heart.

2.  The fact that he is currently receiving disability compensation from
the Department of Veterans Affairs for his hearing loss is not sufficient
evidence to conclude that the hearing loss resulted from hostile action.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1963; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1966.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM  _  ___TO   _  ___JM  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Mark Manning________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003892                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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