RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 July 2005
      DOCKET NUMBER:  AR20040010218


      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. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, about 40 years ago a large amount of
shrapnel was removed from his mouth while he was receiving dental work.  As
a result, his record should reflect some disability.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 December 1952.  The application submitted in this case
is dated 24 September 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 (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  This
case is being considered using the applicant’s separation document (DD Form
214).

4.  The applicant’s DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 27 October 1949.  It further shows that he served on
active duty for 3 years and 1 day until being honorably separated on
19 December 1952.
5.  The separation document also confirms he served overseas for 1 year and
that he earned the following awards:  Combat Infantryman Badge (CIB) and
Korean Service Medal (KSM) with 5 bronze service stars.  The PH is not
included in the list of authorized awards contained on the DD Form 214.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “NA”.

7.  An Authorization for Issuance of Awards (DA Form 1577), dated 12 August
2000, issued by the NPRC shows the applicant was issued the following
earned awards:  KSM with 1 silver service star, CIB and United Nations
Service Medal (UNSM).

8.  During the review of this case, a member of the Board staff reviewed
the Korean War Casualty Roster.  The applicant’s name was not included in
this Department of the Army (DA) list of Korean War Casualties.

9.  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.

10.  Paragraph 5-8 of the awards regulation contains guidance on the KSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member participated in while serving in
Korea during the period between 27 June 1950 and 27 July 1954.  A silver
service star is used in lieu of five bronze service stars to denote
participation in five campaigns.

11.  Paragraph 9-12 of the awards regulation contains guidance on the UNSM.
 It states, in pertinent part, that it is authorized for service in Korea
between 27 June 1950 and 27 July 1954, and that personnel awarded the KSM
automatically establish eligibility for the UNSM.
12.  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.  Responsibility for distribution of the KWSM was given to the
Department of the Air Force.  An application should be submitted, with a
copy of a 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, application may be made to this Board to add
this 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 award a PH, it is
necessary to establish that a member was wounded in action, 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 includes a DD Form 214 that contains an entry
showing the applicant was never wounded in action.  Further, the PH is not
included in the list of authorized awards contained on this separation
document; and his name is not included in the Korean War Casualty Roster,
the official
DA list of Korea battle casualties.  Therefore, 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 19 December 1952.  Therefore, the time

for him to file a request for correction of any error or injustice expired
on
18 December 1955.   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 show that based on his service and campaign
participation in Korea, the applicant is entitled to the KSM with 1 silver
service star and the UNSM.  The omission of these awards from his DD Form
214
is an administrative matter that does not require Board action to correct.
Thus, the Case Management Support Division (CMSD), St. Louis, Missouri will
be requested to make the administrative corrections outlined in paragraph 3
of the
BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JI  ___  ___RJO_  __BKK __  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 1
silver service star with his Korean Service Medal; and by providing him a
corrected separation document that includes these awards.




            ____John Infante______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010218                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/12/19                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |PETS                                    |
|BOARD DECISION          |DENY w Adm Note                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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