RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20040011556


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 he be awarded the Purple Heart.

2.  The applicant states that he was assigned to a combat engineer unit
when he was wounded and evacuated to Osaka General Hospital in Japan.  From
there he was transferred to a military hospital in Hot Springs, Arkansas,
where he was hospitalized until being discharged.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  He was born on 18 June 1932 and was inducted in New Orleans, Louisiana,
on 10 June 1952.  He was initially transferred to Fort Sam Houston, Texas,
for processing and then to Camp Roberts, California, to undergo his
training.  He successfully completed his training and departed for Korea on
30 December 1952.

2.  He arrived in Korea, from Japan on 23 January 1953 and was assigned to
Company C, 10th Engineer Battalion, 3rd Infantry Division.  He was advanced
to the pay grade of E-3 on 25 February 1953.

3.  On 27 March 1953, he was admitted to the 121st Evacuation Hospital in
Korea where X-rays revealed that he suffered from a gastric ulcer of the
lesser curvature.  He was then evacuated to the 8168th Army Hospital in
Yokohama, Japan where the ulcer was healed temporarily on medical therapy.

4.  He was then evacuated to the Army and Navy Hospital in Hot Springs,
Arkansas on 11 June 1953, and underwent surgery (a sub-total gastrectomy,
radical, Hoffmeister type, with retro-colic gastro-jejunostomy) on 17
August 1953.

5.  On 23 September 1957, a Physical Evaluation Board (PEB) determined that
the applicant should be placed on the Temporary Disability Retired List
(TDRL) with a 40% disability rating.  The applicant concurred with the
findings and recommendations of the PEB and he was placed on the TDRL on 31
October 1953.  He had served 1 year, 4 months and 21 days of total active
service.  He was awarded the Korean Service Medal with one bronze service
star and the United Nations Service Medal.

6.  On 28 October 1957, a PEB determined that the applicant should be
placed on the Permanent Disability Retired List (PDRL) with a 40%
disability rating.  The applicant concurred with the findings and
recommendations.

7.  A review of the available records fails to show any indication that the
applicant was wounded/injured as a result of enemy action or any indication
that he was treated for any injuries that resulted from enemy action.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound/injury sustained as a result of hostile
action.  Substantiating evidence must be provided to verify that the
wound/injury was a result of hostile action, that the wound/injury must
have required treatment by a medical officer, and that the medical
treatment was made a matter of official record.

9.  Army Regulation 600-8-22 provides that the National Defense Service
Medal (NDSM) was established by Executive Order 10448 dated 22 April 1953
and is awarded for honorable active service for any period between 27 June
1950 and 27 July 1954.

10.  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.

11.  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 applicant’s contention that he was wounded in Korea and evacuated
as a result of that wound is not supported by either evidence submitted
with his application or the evidence of record.

2.  The evidence of record clearly shows that he was diagnosed with a
stomach ulcer and was evacuated to Japan and subsequently to the United
States for treatment and ultimately surgery.  He was retired by reason of
physical disability solely based on his condition after surgery for the
ulcer.  There is no evidence of any combat related injury contained in his
records and his disability was rated as a disease.  Accordingly, there is
no basis to award him the Purple Heart.

3.  However, the evidence of record does show that the applicant is
entitled to be awarded the NDSM for his service.

4.  Evidence shows that the applicant’s records contain 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

__mkp___  __reb___  __lmb___  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 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 by awarding him the NDSM.



            Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011556                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0069              |115/NDSM                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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