RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 March 2005
      DOCKET NUMBER:  AR20040004271


      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. John E. Denning               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Report of Separation) be
corrected to show that he was awarded the Purple Heart.

2.  The applicant states that he was wounded in action on 25 April 1951 in
Korea.

3.  The applicant provides a copy of his DD Form 214 for the period
18 October 1950 to 5 October 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 October 1951.  The application submitted in this case
is dated 16 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 served in the Army as a wireman from 18 October 1950 to
5 October 1951.  His conduct and efficiency ratings were excellent, and he
was honorably discharged with no recorded lost time.

4.  The applicant served in Korea with the 555th Field Artillery Battalion.
 General Orders Number 5, Headquarters, 555th Field Artillery Battalion,
dated 15 May 1951, awarded the applicant the Purple Heart for wounds
received on 25 April 1951.

5.  The applicant's DD Form 214 shows his only award as the Korean Service
Medal with 3 bronze service stars.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part:

      a.  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.

      b.  The 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.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.

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

      d.  The period of eligibility for the United Nations Service Medal
was between 27 June 1950 and 27 July 1954.  The regulation provides that
this service medal was awarded to members of the Armed Forces of the United
States dispatched to Korea or adjacent areas on behalf of the United
Nations.  Award of the Korean Service Medal automatically establishes
eligibility for award of the United Nations Service Medal.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  This document shows the unit to which the applicant was
assigned was cited for award of the Republic of Korea Presidential Unit
Citation for the period 31 July 1950 to 27 July 1953 by Department of the
Army General Order Number 49, dated 1950.

8.  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.

9.  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 records contain orders for the Purple Heart for wounds
received on 25 April 1951.  He is entitled to have the Purple Heart added
to his DD Form 214.

2.  The applicant's records show that he served honorably and well, with no
indications of disciplinary problems.  He should be awarded the Good
Conduct Medal for his active service from 18 October 1950 to 5 October
1951.  this award should be added to his DD Form 214.

3.  The applicant is also entitled to other administrative corrections to
his DD Form 214.  The National Defense Service Medal, United Nations
Service Medal, and the Republic of Korea Presidential Unit Citation should
be added to his DD Form 214.

BOARD VOTE:

__jed___  __jrs___  __mjf___  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 correcting his DD Form 214 to show
award of the Purple Heart, Good Conduct Medal, National Defense Service
Medal, United Nations Service Medal, and the Republic of Korea Presidential
Unit Citation.




                                  John E. Denning
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004271                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050317                                |
|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.                      |                                        |


-----------------------
[pic]