RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 July 2005
      DOCKET NUMBER:  AR20040010611


      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. Beverly A. Young              |     |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 award of the Purple Heart.

2.  The applicant states that he should have been awarded the Purple Heart.

3.  The applicant provides an affidavit, his DD Form 214 (Report of
Separation from the Armed Forces of the United States) for the period
ending 17 June 1952, and a roster of men who were assigned to Korea in
1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 June 1952.  The application submitted in this case is dated
18 November 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 limitation 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 enlisted in the Army National Guard on 13 December 1949.
He was ordered to active duty on 1 September 1950.

4.  He was assigned to Company F, 224th Infantry Regiment in Korea on
3 February 1952 and departed Korea on 22 May 1952.

5.  The applicant was honorably released from active duty on 17 June 1952
and was returned to the control of the Army National Guard.  His DD Form
214 for the period ending 17 June 1952 shows he was awarded the Army of
Occupation Medal with Japan Clasp, the Korean Service Medal with one bronze
service star, the United Nations Service Medal, and the Combat Infantryman
Badge.

6.  The applicant's DD Form 214 for the period ending 17 June 1952 shows
the entry "NONE" in item 29 (Wounds Received as a Result of Action with
Enemy).

7.  The applicant's name is not listed on the Korean Casualty Roster.

8.  The applicant provided an affidavit from his former First Sergeant
(1SG) of Company F, 224th Infantry Regiment, 40th Infantry Division in
Korea.  His former 1SG stated that on or about 6 February 1952, the
applicant was wounded in the stomach area by shrapnel from an exploding
mortar round fired by the enemy.

9.  The applicant subsequently served in the U.S. Army Reserve and the
Regular Army.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and citations received
by units serving in the Korean conflict.  This document shows, at the time
the applicant was assigned to the 224th Infantry Regiment, this unit was
cited for award of the Republic of Korea Presidential Unit Citation by
Department of the Army General Orders (DAGO) Number 50, dated 1954.  The
applicant's unit was also cited for the Republic of Korea Presidential Unit
Citation by DAGO Number 41, dated 1955.

11.  Army Regulation 600-8-22 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

12.  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.  To
apply, veterans must submit a copy of their discharge paper (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 being provided to the applicant.  Once the
Korean War Service Medal has been authorized by the Department of the Air
Force, the applicant may apply to the ABCMR to add this foreign award to
his DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  There are no orders authorizing award of the Purple Heart to the
applicant.

2.  The statements provided by the applicant's former 1SG are noted.
However, there are no medical documents or other evidence which verifies he
was wounded as a result of hostile action in Korea and his name is not
listed on the Korean Casualty Roster.  Therefore, there is insufficient
evidence on which to base award the Purple Heart in this case.

3.  The applicant was assigned to a unit during a time it was cited twice
for award of the Republic of Korea Presidential Unit Citation.  Therefore,
this foreign unit award should be administratively added to his DD Form
214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 June 1952.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 16 June 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.

5.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

BK______  JI______  RJO_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that an 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 two awards of the Republic of Korea Presidential Unit
Citation.




                                  John Infante__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010611                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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