RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2005
      DOCKET NUMBER:  AR20040010276


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret V. Thompson          |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he received a cold injury while
serving in the Korean War during hostile action.  He further states that he
was awarded disability by the Department of Veterans Affairs for his
injury.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
29 October 1952.  The application submitted in this case is dated 25
October 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 was inducted in the Army on 30 January 1951 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 1745 (Infantryman).

4.  The applicant arrived in Korea and served with D Company, 506th
Airborne Infantry Regiment on or about 14 August 1951.  He departed Korea
on or about 19 August 1952 after being credited with participating in three
campaigns.

5.  On 29 October 1952, the applicant was honorably released from active
duty after completing 1 year and 9 months of creditable active service with
no lost time in the grade of Sergeant/E-5.  He was transferred to the
United States Army Reserve (USAR).  He actively participated in the USAR
and was commissioned on 5 July 1955.

6.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) for the period ending 29 October 1952 shows he was
awarded the Korean Service Medal with two bronze service stars, the United
Nations Service Medal, and the Combat Infantryman Badge.

7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Korea.  The applicant's
name is not listed on the Korean Casualty Roster.

8.  The applicant's Army Medical Treatment Records are unavailable.

9.  The applicant's Standard Form 88 (Report of Medical Examination) dated
24 June 1952 lists no abnormalities.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

12.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.

13.  Army Regulation 600-8-22 states that the National Defense Service
Medal is awarded for honorable active service for any period between 27
June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961
and 24 August 1974, both dates inclusive, between 2 August 1990 and 30
November 1995, both dates inclusive, and between 11 September 2001 to a
date to be determined.

14.  Army Regulation 600-45 (Decorations), then in effect, stated that the
Purple Heart was awarded to members of the Armed Forces of the United
States and to civilian citizens of the United States who, while serving
with the Army, were wounded in action against an enemy of the United
States, or as a direct result of an act of such enemy, provided such wound
necessitated treatment by a medical officer.

15.  Army Regulation 600-45, dated 27 June 1950, provided for the award of
the Purple Heart to personnel severely frostbitten (cold injury) while
actually engaged in combat.  Change 4, dated 23 August 1951, provided that
awards would not be made by reason on injuries due to frostbite or trench
foot.

16.  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 award.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal to eligible veterans of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  Once the
Korean War Service Medal 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.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.  He
arrived in Korea on 14 August 1951.  However, effective 25 August 1951, the
regulation changed to disallow award of the Purple Heart for cold injuries.

2.  Although, the applicant's complete records from his Army of the United
States enlisted service are unavailable, it is noted that he was promoted
to Sergeant/E-5 with less than 2 years service without lost time.  He
actively served in the USAR after his active duty and he was commissioned
less than 3 years later.  Therefore, the Board concludes he met the
eligibility criteria for the first award of the Army Good Conduct Medal
based on completion of qualifying service from  30 January 1951 through 29
October 1952 ending with termination of a period of Federal military
service.

3.  The applicant’s participation in three campaigns entitles him to three
bronze service stars to be worn on his Korean Service Medal.

4.  The applicant met the eligibility criteria for award of the National
Defense Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1952.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 October 1955.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MVT___  __JTM __  __LGH __  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 for partial 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:

      a.  awarding him the Army Good Conduct Medal (1st Award) for the
period 30 January 1951 through 29 October 1952; and

      b.  amending his DD Form 214 for the period ending 29 October 1952 to
show award of the Army Good Conduct Medal, the National Defense Service
Medal, and three bronze service stars to be worn on his Korean Service
Medal.

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
award of the Purple Heart.




                                  __ Margaret V. Thompson __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010276                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |24 May 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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