RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20040011637


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 and any other
decorations to which he may be entitled.

2.  The applicant states he was injured by a hand grenade in Korea.  He was
treated and released, but he never received his Purple Heart.

3.  The applicant provides his DD Form 214 (Report of Separation From The
Armed Forces of The United States), and a letter from his daughter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 October 1952.  The application submitted in this case is
dated 22 January 2004, but was received on 28 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 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’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.

4.  The applicant was drafted on 16 January 1951 and trained as an
infantryman. He served in Korea for 11 months as a light machine gunner
with Company A, 35th Infantry Regiment.  A DA Form 1 (Morning Report) for
11 Jul 1952 shows the applicant was released from assignment with Company A
on that date and reassigned to a Replacement Battalion for return to the
United States.  He was honorably discharged on 15 October 1952.

5.  The applicant's DD Form 214 shows the Korean Service Medal with two
bronze service stars, the United Nations Service Medal, the Combat
Infantryman Badge, and one Overseas Service Bar as authorized awards.
Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD
Form 214 shows the entry, "None."  Item 38 (Remarks) shows that he had no
lost time (for absence without leave (AWOL) or confinement).

6.  There is no medical evidence in the available records which shows the
applicant was wounded or treated for wounds as a result of hostile action
in Korea.

7.  The applicant’s name does not appear on the Korean War Casualty Roster.


8.  There are no DA Form 1 entries showing that the applicant was ever
hospitalized.  The only DA Form 1 entries referencing the applicant show
that he was on temporary duty (TDY) in Japan from 1-7 June 1952 and that he
reported back to Company A on 8 June 1952.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.  It further provides there is no statute of limitations
on requests for award of the Purple Heart.

      b.  The National Defense Service Medal is awarded for honorable
active service for any period between 27 July 1950 through 27 July 1954, 1
January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995
and 11 September 2001 to a date to be determined.

      c.  The Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal
military service.  Regulations in effect at the time stated a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service and there must have been no convictions
by court-martial.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Korean War.  This document shows the unit to which the
applicant was assigned was cited for award of the Republic of Korea
Presidential Unit Citation for the period 11 July 1952 to 1 October 1953 by
Department of the Army General Order Number 24, dated 1954.

11.  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.

12.  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:

              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.  Although the applicant contends that he sustained a wound as the result
of enemy action in Korea in April/May 1952, there is no medical evidence of
record to support this claim.  The applicant's name does not appear on the
Korean War
Casualty File and his DD Form 214, which he authenticated with his
signature, states "none" under Item 29 (Wounds).  Regrettably, there is
insufficient evidence on which to base award of the Purple Heart in this
case.

2.  The applicant served 1 year and 9 months on active duty as a draftee.
He spent 11 months and 1 day in foreign service during the Korean War.
Although his conduct and efficiency ratings cannot be verified, he had no
recorded lost time.  Without evidence to the contrary, it is presumed he
performed his duties and deported himself in an excellent manner.  He is
therefore entitled to award of the Good Conduct Medal.

3.  The applicant's DD Form 214 contains administrative errors with respect
to certain awards.  The applicant served during an authorized period for
award of the National Defense Service Medal.  This award should be added to
his DD Form 214.

4.  The applicant's unit – Company A, 35th Infantry Regiment – was awarded
a Republic of Korea Presidential Unit Citation for service from 11 July
1952 to 1 October 1953.  Unfortunately, the applicant was transferred from
Company A effective 11 July 1952 and is not authorized this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 October 1952.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 October 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__le____  __jed___  __jrm___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Good Conduct
Medal and the National Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Purple Heart and the Republic of Korea Presidential Unit Citation.



                                        Lester Echols
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011637                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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