RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          30 August 2005
      DOCKET NUMBER:  AR20040010941


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |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 report of separation (DD Form 214) be
corrected to show his award of the Purple Heart.

2.  The applicant states that he received a Purple Heart for wounds
received in Korea; however, that award was omitted from his DD Form 214 at
the time of his discharge.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  He was born on 3 June 1933 and enlisted in the Regular Army on 30 April
1951, for a period of 3 years.  He completed his training and was awarded
the military occupational specialty of a rifleman (1745).  He was advanced
to the rank of private first class on 24 November 1951.

3.  On 22 May 1952, while serving in an infantry regiment in Korea, he was
wounded in action against the enemy.  He sustained a gun shot wound to the
right arm and body and was treated at an Army hospital in the theater of
operations for approximately 90 days.

4.  On 8 April 1954, he was honorably discharged at Camp Stoneman,
California. He had served 2 years, 11 months and 9 days of total active
service of which 2 years and 6 days were served overseas.  His DD Form 214
issued at the time of his discharge shows that he was awarded the National
Defense Service Medal, the United Nations Service Medal, the Army
Occupation Medal (Germany) and the Combat Infantryman Badge.  Item 29 of
his DD Form 214, under “Wounds Received as a Result of Enemy Action”
contains the entry “Gun Shot Wound RT Arm & Body 22 May 1952.”  That
information is confirmed by hospital admission records contained in his
reconstructed military records.  However, there is no indication that he
was awarded the Purple Heart.

5.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

6.  That regulation also provides, in pertinent part, that the Korean
Service Medal (KSM) was established by Executive Order 10179, dated 8
November 1950.  It is awarded for service between 27 June 1950 and 27 July
1954, within the territorial limits of Korea or in waters adjacent thereto,
or with a unit under the operational control of the Commander, Far East,
which was designated as having directly supported the military efforts in
Korea.  The service must have been performed on permanent assignment, on
temporary duty for 30 days or 60 nonconsecutive days or in active combat in
which a personal decoration was awarded which testified to such combat
credit.

7.  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 Korea
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.

8.  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 with his copy of these proceedings.  Once
the Korean War Service Medal has been authorized by the Department of the
Air Force, the applicant may apply to this Board to add this foreign award
to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the applicant was wounded
in action against the enemy on 22 May 1952 and that he was treated by
medical personnel for those wounds.  Accordingly, his entitlement to the
Purple Heart is established.

2.  Therefore, it is reasonable to presume that he was awarded the Purple
Heart as he claims and that the omission of that award was the result of an
administrative oversight at the time of his discharge.  Accordingly, it
would be in the interest of justice to correct his records at this time to
show his award of the Purple Heart.

3.  Additionally, the applicant is also entitled to be awarded the KSM for
his service in Korea and to have his records corrected to reflect that
award as well.

BOARD VOTE:

__pms___  __ym____  __lgh___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for partial relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that he was awarded the Purple Heart and by awarding
him the KSM and adding these awards to his records as well.




                 Paul M. Smith
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010941                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.107.0015              |61/PH                                   |
|3.107.0070              |116/KSM                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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