RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040008030


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, that his DD Form 214 (Report of
Separation from the Armed Forces of the United States) be corrected to show
award of the Purple Heart.

2.  The applicant states that he is a "combat wounded veteran."

3.  The applicant provides in support of his application, an incomplete
copy of his DD Form 214 effective date of separation 15 October 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 October 1952, the date of his separation from active duty.
The application submitted in this case is dated 21 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 DD Form 214 shows that he entered the Army on
13 November 1950 at Fort Buchanan, Puerto Rico.  This record also shows
that, at the time of his separation, he was serving in military
occupational specialty 1821 (unit supply specialist).  The applicant was
separated from active duty on 15 October 1952.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Purple Heart.
6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the DD Form 214 has an entry "GSW left arm with possible fracture Korea
30 Sep __" [gunshot wound left arm with possible fracture Korea 30 Sep _].

7.  Information from the hospital admission cards of the Office of the
Surgeon General of the Army shows that the applicant was admitted on 30
September 1951 to an Army Medical Treatment Facility for "Fracture,
compound, comminuted, with no nerve or artery involvement."  Records show
that his wound was classified as a "Direct result of action against or by
an organized enemy" and the causing agent of the injury is shown as
"Explosive projectile shell from gun, mortar, etc: Other projectile
explosives (mortar, bazooka, etc.), struck while on land."

8.  The Korean War Casualty Roster shows the applicant’s name.  The entry
confirms he was wounded or injured in action while serving in Korea on 30
September 1951.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart 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.

10.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

11.  Item 27 of the applicant's DD Form 214 shows that he was awarded the
Korean Service Medal with three bronze service stars.

12.  Paragraph 9-12 of Army Regulation 600-8-22 contains guidance on the
United Nations Service Medal (UNSM).  It states in pertinent part, that
members who were dispatched to Korea or adjacent areas for service on
behalf of the United Nations in the action in Korea are eligible for the
award.  It further specifies that personnel awarded the Korean Service
Medal automatically establish eligibility for the UNSM.

13.  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 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.  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.

14.  The applicant is advised that to apply for the Korean War Service
Medal, he 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.  A sample
request form is provided.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart
because he is a combat wounded veteran.

2.  The applicant's DD Form 214 shows he received a gunshot wound to his
left arm.  Hospital admission records show that the applicant received
medical treatment for wounds received as result of hostile action on 30
September 1951. The applicant's name was also listed on the Korean War
Casualty File.

3.  The preponderance of evidence in this case shows that the applicant was
wounded as a result of hostile actions on 30 September 1951 in Korea.
Therefore, the applicant is entitled to correction of his DD Form 214 to
show award of the Purple Heart.

4.  The applicant's DD Form 214 shows award of the Korean Service Medal;
however, it does not show award of the United Nations Service Medal.  In
accordance with Army regulation, he is entitled to the award of the United
Nations Service Medal based on award of the Korean Service Medal.
Therefore, his records should be corrected to show award of the United
Nations Service Medal.

5.  The applicant's DD Form 214 shows he served a qualifying period for
award of the National Defense Service Medal.  Therefore, he is entitled to
have his records corrected to show award of the National Defense Service
Medal.

BOARD VOTE:

__cak ___  __mkp __  ___fe ___  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 showing award of the Purple Heart for
wounds received on 30 September 1951, the United Nations Service Medal, and
the National Defense Service Medal.




                            ______Fred N. Eichorn_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040008030                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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