RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 May 2005
      DOCKET NUMBER:  AR20040006456


      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. Joseph A. Adriance            |     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he should be awarded the PH for wounds
he received as a result of an accidental grenade explosion in Korea.

3.  The applicant provides medical board proceedings (WD AGO Form 8-118),
Department of Veterans Affairs (VA) medical treatment records and a report
of medical examination (SF 88) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 28 February 1954.  The application submitted in this case
is dated 18 August 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.  This case is being
considered using reconstructed records that primarily exist of the
applicant’s separation document (DD Form 214) and the medical treatment
records he provided.
4.  The applicant’s DD Form 214 shows that he was inducted into the Army
and entered active duty on 14 April 1952.  This document further shows that
he served overseas for 3 months and 14 days and that he earned the Korean
Service Medal with 1 bronze service star and National Defense Service
Medal.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “None” and the applicant
authenticated the DD Form 214 with his signature in Item 48 (Signature of
Person Being Separated).

6.  The applicant provides medical treatment records that confirm he
received multiple penetrating wounds of the right arm and forearm, both
lower extremities, right chest and abdomen as a result of a grenade
explosion.  The grenade was attached to his field jacket, which was hanging
on a nearby wall while he was chopping wood.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.  The regulation further provides
examples of injuries or wounds that clearly do not qualify for award of the
PH.  This includes accidents to include explosive, aircraft, vehicular, and
other accidental wounding not related to or caused by enemy action.

8.  Paragraph 9-12 of the awards regulation provides guidance on award of
the United Nations Service Medal.  It states, in pertinent part, that it
was authorized for service in Korea between 27 June 1950 and 27 July 1954.
It further states that personnel awarded the Korean Service Medal
automatically establish eligibility for the United Nations Service Medal.

9.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible US veterans of the
Korean War, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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.  Once the Korean War Service Medal has been authorized by the
Department of the Air Force, the applicant may apply to this Board to add
this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully
considered.  However, by regulation in order to support award of the PH,
there must be evidence that the wound/injury for which the award is being
made was the direct result of, or caused by enemy action.  The regulation
stipulates that award of the PH for accidental explosions are not
authorized.

2.  The evidence confirms the applicant received multiple penetrating
wounds of the right arm and forearm, both lower extremities, right chest
and abdomen as a result of a grenade explosion.  The medical treatment
records verify this grenade explosion was accidental and not caused by
enemy action.  Thus, the regulatory burden of proof necessary to support
award of the PH has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1954.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 27 February 1957.  However, he failed to 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.

4.  The evidence does reveal that based on his service in Korea, the
applicant is entitled to the United Nations Service Medal.  The omission of
this award from his record is an administrative matter that does not
require Board action.  Thus, the Case Management Support Division (CMSD),
St. Louis, Missouri will be asked to make the correction outlined by the
Board in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __SES__  ___SAP     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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the United Nations Service Medal; and
by providing him a corrected separation document that includes this award.




            ___Melvin H. Meyer______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006456                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/02/28                              |
|DISCHARGE AUTHORITY     |AR 600-450                              |
|DISCHARGE REASON        |Disb                                    |
|BOARD DECISION          |DENY w Adm Note                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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