RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          26 May2005
      DOCKET NUMBER:  AR20040004326


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |Member               |
|     |Ms. Susan A. 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 that his military record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in combat and he
should have received the PH.  He also states that the retroactive
compensation that he received from the Department of Veterans Affairs (DVA)
due to a 100% disability rating for service-connected injuries is not
accurate.

3.  The applicant provides in support of his request a:

      a.  DD Form 214 (Report of Separation from the Armed Forces of the
United States) issued on 12 November 1952.

      b.  Honorable Discharge Certificate from the United States Reserve
(USAR) for the period 13 November 1952 to 23 January 1957.


      c.  VA Hospital Clinical Records, dated 12 April 1965, 16 November
1965, and 19 September 1966.


      d.  Letters the applicant provided the DVA, dated 2 February 2004,
28 March 2004, and 3 July 2004.


      e.  Statement of written consent to release information to the
applicant's congressional representative, dated 26 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
12 November 1952.  The application submitted in this case is dated 16 March
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 limitation 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein is
limited those documents that are in a reconstructed record.

4.  The applicant's DD Form 214 shows that he was inducted into the Army of
the United States on 12 February 1951.  He served in the Ordnance Corps and
his most significant assignment was with the 533rd Ordnance Reclamation and
Classification Company.

5.  On 12 November 1952, the applicant was honorably released from active
duty and transferred to the USAR.  He had completed 1 year, 9 months and 1
day of active military service of which 1 year, 2 months, and 9 days were
Foreign Service. His specific Foreign Service dates are unknown.  He was
awarded the Korean Service Medal with two bronze service stars and the
United Nations Service Medal.

6.  The clinical records the applicant provided were created between 1965
and 1966.  These documents show the applicant was evaluated and treated for
a number of illnesses including some believed to be related to shrapnel
injuries to his right and left wrists, a contusion of the left hip and
knee, and phosphorus burns of the right arm.  The shrapnel was removed from
his right wrist.  However, it was not removed from the left wrist.  His
diagnoses include, but are not limited to, carpal tunnel syndrome of the
right wrist, probable neuroma of the left forearm, and chondromalacia and
arthritic changes of the left knee.

7.  The letters referenced in paragraph 3(d) were written by the applicant
to the DVA.  In these letters, the applicant contends he received $18,000
in retroactive compensation, however, he believes he is entitled to receive
$75,000.  The available record contains no VA Rating Decisions or pay
records.

8.  Information obtained from hospital admission cards created by the
Office of The Surgeon General between 1942-1945 shows that, on 26 October
1951, while serving in Korea, the applicant was treated for chemical burns
to the "abdomen, generally."  The wounds were the direct result of action
against or by an organized enemy and the causative agent was determined to
be "Incendiaries and other CW agents: White phosphorus (WP)."  The
applicant was not evacuated to the United States.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, 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 provides in pertinent part, that the:
      a.  PH 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the PH.


      b.  National Defense Service Medal (NDSM) is awarded for honorable
active service for any period between 27 July 1950 through 27 July 1954,
1 January 1961 through 14 August 1974, and 2 August 1990 through
30 November 1995.

10.  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 (KWSM) 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.

11.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the KWSM 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 for is being provided to the applicant.  Once
the KWSM 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 available evidence supports that the applicant was wounded as a
direct result of hostile action on 26 October 1951.  His wound required
medical treatment and the medical treatment was documented.  Therefore, the
evidence is sufficient to award the PH.

2.  The applicant is authorized award of the NDSM for his period of service
from 12 February 1951 to 12 November 1952.

3.  The applicant is also entitled to award of the KWSM and should apply to
the Department of the Air Force for issuance of that foreign decoration.

4.  No pay records were available and no pay issues were considered.
Further, the VA determines qualifications for benefits administered by that
agency.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __ses___  __sap___  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 partial relief.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact that there is no statute of
limitations on requests for award of the PH.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing award of the PH and the NDSM.

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
VA service-connected disability compensation.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004326                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0069                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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