RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040010931


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |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 that his records be corrected to show a field
promotion to corporal and to show he is entitled to a Purple Heart for
wounds received on or about 10 August 1950.

2.  The applicant states that his paperwork showing he was promoted to
corporal was lost.  He didn't realize that his promotion had not been
recorded as he was sending all of his pay home while in combat and then
because it was determined that he had been overpaid.

3.  The applicant provides copies of a 1 October 1950 NAVVMED-HF-57
(Special Examination and Treatment Record), a 10 October 1950 letter to his
mother, and an undated personnel action memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 May 1952, the date of his release from active duty.  The
application submitted in this case was received 9 December 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, copies
of the applicant's service medical records and some administrative
documents were obtained from the Department of Veterans Affairs (VA) which
are sufficient to allow the Board to conduct a fair and impartial review in
this case.

4.  The available records show the applicant entered active duty on 6
October 1948.  He was assigned the military occupational specialty (MOS)
4745 (Automatic Rifleman) and served in Korea.  There is insufficient
documentation to clearly establish the exact dates of his service in Korea.
5.  On 11 August 1950, the applicant, a private first class (PFC), received
medical treatment for pain in the right lower quadrant.  There are
additional periodic reports of treatment for this problem throughout the
remainder of his period of service in the Army.

6.  An 18 August 1950 NAVMED-HS (Medical History) from the US Naval
Hospital Ship (USS Repose) indicates the applicant was treated for a skin
condition.

7.  A 27 September 1950 Department of the Army (DA) letter to the
applicant's mother indicates that the applicant, a PFC was still "missing
in action" (MIA).  The reference line indicates that the applicant was
first considered MIA on 18 September 1950.

8.  A 27 September 1950 Medical Department Form 52b indicates that the
applicant received treatment for a wound to his left thigh.  The injury is
listed as being "WIA" (wounded in action).  This form indicates the
applicant was assigned to C Company, 9th Regimental Combat Team, 4th
Infantry Division as a corporal.

9.  A 30 September 1950 hospital admission record from the US Naval
Hospital Ship (USS Repose) indicates the applicant, a corporal, was
hospitalized for treatment of a wound to his left thigh from a grenade
explosion that had occurred on 27 September 1950.

10.  A 30 September 1950 hospital casualty record indicates the applicant
was hospitalized for a wound to his left thigh.

11.  A 1 October 1950 NAVVMED-HF-57 indicates that the applicant, a
corporal, received shell fragment wounds to his left thigh, left upper arm,
and left forearm. X-ray findings indicated he had retained metallic
fragments at all three sites.

12.  In December 1950 the applicant received treatment for a skin
condition.

13.  Headquarters, Camp Stoneman, California, dated 18 May 1951,
transferred the applicant (a PFC) to Ft. Sill, Oklahoma.

14.  In August 1951 the applicant, a PFC, was hospitalized with a relapse
of malaria.

15.  Headquarters, Infantry School Detachment, Ft. Benning, Georgia Special
Orders Number 113, dated 15 May 1952, indicates that the applicant, a PFC,
would be honorably discharged effective 16 May 1952.
16.  A 13 April 1956 DA letter to the applicant indicates the applicant met
the criteria for combat pay for the months of August, September, October,
and December 1950.  This letter also indicates that additional evidence had
been obtained in relationship to an application for award of the Purple
Heart but did not specify what that information was.

17.  An undated letter from the Headquarters, 2nd Infantry Division
indicates that the applicant served with that unit at some point between 8
July 1950 and 24 November 1951.

18.  The DD Form 214 (Report of Separation) issued 16 May 1952, indicates
that he:

      a.  was honorably separated as a private first class with an
effective date of promotion of 16 September 1949;

      b.  served 3 years, 7 months, and 11 days with no time lost;

      c.  was authorized the Korean Service Medal with three bronze service
stars, the Army Occupation Medal with Korea clasp, and the Combat
Infantryman Badge; and

      d.  item 29 (Wounds) states "None".

19.  A VA letter, dated 24 May 1957, indicates the applicant was granted VA
service connected benefits for gunshot wounds to his left thigh and left
forearm, malaria, lipoma (benign soft tissue tumor), and a laceration to
his right thumb.  It states that his hospitalization at Ft. Bayard was for
a nervous condition but that the available records did not indicate any
treatment for this condition while he was on active duty.

20.  The applicant had additional military service in the Marine Corps from
24 September 1952 through 13 October 1955 and in the Navy from 9 December
1959 though 6 December 1963 and again from 4 March 1964 through 11 December
1969.

21.  A 12 December 1969 DD Form 4 (Enlistment Contract) lists his prior
service and indicates he was a PFC at the time he was separated from the
Army.

22.  In the development of this case a search of the health record research
project records, commonly referred to as the "SGO Files", was made.  These
records involved transposing the hospital admission card data from the
periods of World War II and the Korean conflict onto magnetic tape.  In
1988 the National Research Council made these tape files available to the
National Personnel Records Center (NPRC).  This information is a valuable
substitute for the records lost in the NPRC fire of 1973.  A search of
these files found four (4) entries for the applicant: 10 August 1950 for
abdominal pain; 3 September 1950 for malaria and combat exhaustion; 18
September 1950 for an impacted cerumen (plugging of the ear canal); and 13
December 1950 for parapsoriasis (patches or slightly elevated plaques that
have a resemblance to psoriasis).

23.  A review of the Korean Casualty File lists the applicant's name twice.
 The first entry, dated 1 September 1950, lists a type of casualty of RMC
(Missing in Action, return to military control) and lists him as a private
first class.  The second, dated 29 September 1950, lists a casualty type of
RTD, (Returned to Duty), and lists him as a corporal.

24.  Included in the documents from the VA are two notes from the
applicant.  One indicates he had previously been given a DD Form 215
(Correction to the DD Form 214) awarding him the Purple Heart for wounds
sustained on 29 September 1950 but not for wounds sustained in July 1950.
The second note lists his date of first injury as 8 August 1950.

25.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart an individual who is wounded in action against an enemy of the
United States, the armed force of a foreign country which is or has been
engaged, while serving with a friendly foreign forces against an opposing
force even though the U.S. is not engaged, as the result of any act of such
enemy or opposing force or as a result an act of any hostile foreign force.
 Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  Although some of the available documents list the applicant as a
corporal, these records are insufficient in and of themselves to correct
his records to show he was a corporal at the time of his separation.
Further, the available records following his return from Korea all indicate
that he was a PFC.

2.  Neither entry on the Korean Casualty File listing indicates that the
applicant sustained a combat wound nor do the entries in the SGO's.


3.  Available medical records do show he was wounded in action on
27 September 1950.  He is entitled to award of the Purple Heart for these
wounds.  However, since the applicant indicates that he has already
received a correction to his records awarding him the Purple Heart for
these wounds further action is not warranted.

4.  The record contains no indication that he received any combat related
injuries other than those documented as occurring on 27 September 1950.
Therefore there is insufficient evidence to award him a second Purple
Heart.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 May 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 May 1955.  However, 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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LE ___  __LGH___  __PMS__  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.




                            __     _Lester Echols__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010931                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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