RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 May 2005
      DOCKET NUMBER:  AR20040008032


      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:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |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, that he was wounded in combat while
serving in Korea.

3.  The applicant provides a Report of Medical Examination (SF 88) and a
Rating Decision from the Department of Veterans Affairs (VA) in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 28 October 1953.  The application submitted in this case
was received on 23 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 consist of the
applicant’s separation document (DD Form 214) and a National Archives and
Records Administration (NARA) Military Finding Report containing Office of
the Surgeon General (OTSG) hospital admission records for the period 1950-
1954.

4.  The applicant’s DD Form 214 shows he was inducted into the Army and
entered active duty on 11 February 1952.  It also shows that during his
active duty tenure, he earned the Korean Service Medal with 2 bronze
service stars, National Defense Service Medal, United Nations Service Medal
and Combat Infantryman Badge.
5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “None”.

6.  On 28 October 1953, the applicant was honorably separated after
completing 1 year, 8 months and 18 days of creditable active military
service.

7.  The OTSG hospital admission information contained on the NARA report on
file indicates the applicant was admitted to a medical treatment facility
on
30 May 1953, for treatment of penetrating missile wounds to the arm,
buttock and hip.  This report specifies that the applicant’s wounds were
received as a direct result of action against an organized enemy.  The OTSG
report also categorized the applicant as a battle casualty.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that the PH is awarded to
any member of an Armed Force who is wounded or killed in action.  A wound
is defined as an injury to any part of the body from an outside force or
agent sustained under conditions defined by this regulation.  In order to
support awarding a member the PH, it is necessary to establish that the
wound, for which the award is being made, required treatment by a medical
officer.  This treatment must be supported by records of medical treatment
for the wound or injury received in action, and must have been made a
matter of official record.

9.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible 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 KWSM 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
and found to have merit.  By regulation, in order to award a PH, it is
necessary to establish that the wound required treatment by a medical
officer and this treatment must have been made a matter of official record.


2.  The available evidence in this case includes OTSG hospital admission
record information contained in a NARA report that confirms the applicant
was wounded in action and treated for his wounds while serving in Korea.
Therefore, it would be appropriate to correct the applicant’s record to
show he was wounded in action in Korea, and to award him the PH.

BOARD VOTE:

___BPI__  ___AU___  __JLP__  GRANT 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 amending Item 29 of his DD Form 214 by
deleting the current entry and replacing it with the entry “Missile
Projectile Wounds to Arm, Buttocks and Legs-Korea-30 May 1953”; by awarding
him the Purple Heart; and by providing him a corrected separation document
that includes these changes.




            ____Jennifer L. Prater______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008032                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/10/28                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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