RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010925


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 that his record be corrected to reflect two
awards of the Purple Heart.

2.  The applicant states that in December 1950 during the Korean War he was
wounded in the left hand by a bayonet thrust from a Chinese soldier, and
then knocked unconscious from a concussion grenade tossed by a Chinese
soldier.  When he regained consciousness, he was in a truck which
eventually stopped at a field hospital.  He got off the truck and reported
to his unit.  When he removed his glove, he saw a 2 or 3 inch gash along
the palm of his left hand.  It was not very deep, so he bandaged it up and
acted as if nothing happened.  His hand did not bother him much but his
head was killing him.  Several weeks later he went on R&R (rest
recuperation) to Japan.  Upon arriving, he was unable to function and was
admitted to the Air Force hospital and remained there beyond his R&R time.
He eventually returned to his unit in Korea.

 3.  He was the senior Army Advisor to Chau Thanh District of Vinh Binh
Province in the Delta area of Vietnam from December 1968 to November 1969.
On         16 November 1969 he sustained wounds to his right arm and right
leg and left wrist from shell fragments from an enemy mortar round.  He
held up his arm to stop the bleeding and continued with his mission.  When
he arrived back at his compound, the bleeding had stopped and the medic
stated that it was OK, making a comment that his wounds probably merited
award of the Purple Heart.  The medic did not submit an award
recommendation and neither did he.  He left Vietnam at the end of the month
and never heard anything more about it. .

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1976.  The application submitted in this case
is dated       8 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 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 enlisted in the Army for three years on 21 July 1948.  In
August 1950 he was assigned to an engineer construction battalion in Japan.
 In September 1950 the applicant was assigned to Headquarters Company, X
Corps in Korea, and then on 10 November 1950 to Headquarters Company,
   772nd Military Police Battalion.  He was reassigned back to Headquarters
Company, X Corps on 14 December 1950.  He reenlisted for 3 years on 27 July
1951.   In December 1951 the applicant returned to the United States.

4.  The applicant participated in six campaigns during his tour of duty in
Korea.  Headquarters, X Corps was awarded two awards of the Republic of
Korea Presidential Unit Citation for its actions while he was assigned to
that organization.  The 772nd Military Police Battalion was awarded the
Republic of Korea Presidential Unit Citation and also awarded the
Meritorious Unit Commendation for its actions during the applicant’s
assignment to that organization.

5.  A 15 April 1951 clinical record indicates that the applicant stated
that he had a cold when he boarded an airplane and flew to Japan from Korea
yesterday and that he had pain in his right ear during flight, and that he
now had headaches and a full feeling in his right ear.  The examining
physician indicated that his right ear drum appeared tense and that there
was an area of redness near the upper margin.  His impression was that the
applicant had a possible otitis media (inflammation of the middle ear) or
aerial otitis from effects of altitude and clogged Eustachian tube.

6.  A 24 April 1951 clinical record shows that the applicant was treated at
an Air Force Hospital in Japan and was diagnosed with otitis media due to
barotrauma (injury caused by pressure), acute, mild, organism undetermined.
 Penicillin was prescribed and he was returned to duty.

7.  A 23 July 1954 report of medical history indicates that the applicant
sustained an injury from a hand grenade in Korea.

8.  The applicant’s medical reports, other that the 23 July 1954 report,
contain no evidence that the applicant had been wounded in action, either
by a bayonet thrust or by a concussion from a hand grenade.  In the reports
of medical history that the applicant furnished for his medical
examinations, the applicant did not indicate that he had been wounded as a
result of hostile action.

9.  Section 8 (Wounds Received in Action) of the applicant’s enlisted
service record (WD AGO Form 24A) contains no entry.

10.  The applicant was discharged in the rank of sergeant first class on 26
July 1954.  Item 29 (Wounds Received as a Result of Action with Enemy
Forces) of his DD Form 214 (Report of Separation) contains the entry,
“None.”

11.  On 4 June 1955 the applicant was appointed a second lieutenant in the
Army National Guard.  In January 1956 he entered on active duty, continuing
his service until his retirement in the grade of lieutenant colonel in
1976.

12.  In August 1966 the applicant was assigned to Headquarters and
Headquarters Company (HHC), 3d Brigade, 1st Infantry Division, in Vietnam.
In October of that year he was assigned to Headquarters and Headquarters
Company and Band, of the 1st Infantry Division Support Command.  He
completed his tour of duty in Vietnam and returned to the United States in
January 1967.  The applicant participated in two campaigns during his tour
of duty in Vietnam.  HHC, 3d Brigade, 1st Infantry Division, was awarded
the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit
Citation with Palm, and Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for its actions while he was assigned to that
organization.
HHC and Band, 1st Infantry Division Support Command, was awarded the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation for its
actions while he was assigned to that organization.

13.  In December 1968 the applicant returned to Vietnam and was assigned as
a senior district advisor in the IV Corps Tactical Zone.  He completed his
tour of duty in Vietnam and returned to the United States in November 1969.
 He participated in four campaigns during his tour of duty in Vietnam and
the             IV Corps was awarded the Meritorious Unit Commendation for
its actions while the applicant was assigned to that organization.

14.  On 30 December 1968 Headquarters, United States Army, Vietnam
authorized the applicant to accept award of the Armed Forces Honor Medal,
First Class to the applicant.

15.  On 26 August 1976 the applicant was awarded the Legion of Merit.  The
applicant retired from the Army with more than 20 years of active service
on      31 August 1976.

16.  The applicant’s DD Form 214 reflects award of the Korean Service
Medal, but in so doing does not credit him with participation in six
campaigns.  Furthermore, it shows only one award of the Republic of Korea
Presidential Unit Citation instead of the three awards to which he is
entitled.  It also does not show award of the Meritorious Unit
Commendation.

17.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal,
but in so doing does not credit him with participation in six campaigns
during two different tours of duty.  It shows award of one Republic of
Vietnam Gallantry Cross Unit Citation with Palm, instead of the two to
which he is entitled.  It does not show the two awards of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation to which he is
entitled.  It also does not reflect the two awards of the Meritorious Unit
Commendation to which he is entitled.

18.  His DD Form 214 does not show award of the Armed Forces Honor Medal
First Class.

19.  The applicant’s DD Form 214 does not show award of the Legion of
Merit.

20.  The Korean War Casualty Database does not show that the applicant was
wounded in action.  The applicant is not listed as a casualty on the
Vietnam Casualty File.

21.  Army Regulation 600-8-22 provides 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.

22.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained as a result of an action by an enemy of
the United States.  A physical lesion is not required, however, the wound
for which the award is made must have required treatment by a medical
officer and records of medical treatment must have been made a matter of
official record.  Examples of enemy- related injuries which clearly justify
award of the Purple Heart include an injury caused by enemy placed mine or
trap, injury cased by enemy bullet, shrapnel, or other projectile created
by enemy action, and concussion injuries caused as a result of enemy
generated explosions.

23.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Korean Service Medal and the Vietnam Service Medal.  A silver service
star is worn instead of five bronze service stars.

24.  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 to eligible US veterans of the
Korean War, or their surviving next of kin.  The medal is provided at no
cost to the veterans.

25.  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 or their surviving next of kin.  To apply,
veterans must provide 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 Army Board for Correction of Military
Records to add this foreign award to his   DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was treated in Japan in April
1951 for inflammation to his middle ear.  There is no evidence, however,
that his problems with his ear was as a result of a concussion sustained
from an enemy grenade as he implies, notwithstanding the 23 July 1954
report of medical history.  The April 1951 medical documents make no
mention that his ear inflammation was caused by a concussion from a grenade
explosion – that he was wounded as a result of enemy action.  The Board
does not dispute the applicant’s contentions; however, there is simply no
medical evidence to show that he was wounded as a result of hostile action,
either by wounds caused by a bayonet thrust or by a concussion from an
enemy grenade.

2.  By the same token, there is no medical evidence to show that the
applicant was wounded as a result of enemy action during his second tour of
duty in Vietnam.

3.  The applicant's accounts of the circumstances surrounding his injuries
are noted; however, there is no corroborating evidence to indicate that he
was wounded as a result of hostile action.  There is insufficient evidence
to show that he was wounded in action, either in December 1950 in Korea or
in November 1969 in Vietnam.  Consequently, he is not entitled to awards of
the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1976; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 August 1979.  The applicant did not 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.

5.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JH____  __TO ___  __PM ___  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 Case Management Support Division, St. Louis, is requested to
correct the applicant’s records to show award of the Korean Service Medal
with one silver service star and one bronze service star, three awards of
the Republic of Korea Presidential Unit Citation, the Vietnam Service Medal
with one silver service star and one bronze service star, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, two awards of
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, three awards of the Meritorious Unit Commendation, award of the
Armed Forces Honor Medal First Class, and award of the Legion of Merit.




                                  ______ James Hise________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010925                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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