RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 May 2003
      DOCKET NUMBER:   AR2003096899


      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. Luis Almodova                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Ronald J. Weaver              |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, in effect, that he be awarded the Purple Heart.


2.  The applicant states, in effect, that his DD Form 214, Report of
Separation from the Armed Forces of the United States, indicates that he
was wounded in the left leg, as a result of action with enemy forces, in
Korea, on 7 August 1951, but the DD Form 214 does not show award of the
Purple Heart.  He would like to have his records corrected and to have the
Purple Heart awarded and issued to him.

3.  The applicant submitted a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice that
occurred on 12 October 1951.  The application submitted in this case is
dated 18 July 2003.

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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from alternate sources.

4.  The available records show that the applicant enlisted in the Enlisted
Reserve Corps on 12 June 1946.  He was ordered to active duty on 14 October
1950 at Fort Hood, Texas.  Item 5 (Specialty Number or Symbol), of the
applicant's DD Form 214, shows that he held the specialty 4745, Light
Weapons Infantryman.  Item 4 (Component and Branch Class), of the DD
Form 214, shows that the applicant was an ERC (Enlisted Reserve Corps)
Infantry soldier.

5.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214,
shows that the applicant was assigned in Korea for 10 months and 9 days.
6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows that the applicant sustained a wound to
the left leg, on 7 August 1951, in Korea.

7.  Item 28 (Most Significant Duty Assignment), of the applicant's DD Form
214, shows that his most significant assignment was Company I, 35th
Infantry Regiment, 25th Infantry Division.

8.  The applicant was honorably released from active duty and transferred
to the Enlisted Reserve Corps (ERC) in the rank of Corporal on 12 October
1951.  On the date of his release from active duty, the applicant had
completed 11 months and 29 days active Federal military service.  The
applicant had an additional 4 years, 4 months, and 2 days other service,
for a total of 5 years, 4 months, and 1 day, net service.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows that he was awarded the Combat Infantryman Badge; the Korean Service
Medal, with three bronze service stars; and one overseas service bar.  The
Purple Heart is not shown on the DD Form 214.

10.  Army Regulation (AR) 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 the result of hostile action, the wound must have required treatment,
and the medical treatment must have been made a matter of official record.

11.  AR 600-8-22 provides, in pertinent part, that 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 and a
date to be determined.

12.  AR 600-8-22 provides for award of the United Nations Service Medal.
In pertinent part, the regulation states that the period of eligibility for
the United Nations Service Medal was between 27 June 1950 and 27 July 1954.
 The regulation provides that this service medal was awarded to members of
the Armed Forces of the United States dispatched to Korea or adjacent areas
on behalf of the United Nations.  Award of the Korean Service Medal
automatically establishes eligibility for award of the United Nations
Service Medal.

13.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, Company I,
35th
Infantry Regiment, 25th Infantry Division, was awarded the Distinguished
Unit Citation [now known and hereafter referred to as the Presidential Unit
Citation], for the period 6 through 8 September 1951, by Department of the
Army General Orders (DAGO) Number 35, dated 1952.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

15.  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
heroic 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.  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 provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board for Correction of Military Records to have it added to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action
in Korea on 7 August 1951.  The available evidence supports the applicant's
contentions that he was not awarded the Purple Heart for these wounds.
Therefore, in the absence of evidence to the contrary, it would be
appropriate to award the applicant the Purple Heart and to add this award
to his separation document at this time.

2.  The applicant served on active duty during one of the qualifying
periods of service for award of the National Defense Service Medal.  He is
therefore entitled to this award and to have it added to his DD Form 214.
3.  The applicant earned the Korean Service Medal.  This award
automatically entitles him to award of the United Nations Service Medal.
This medal does not appear on the applicant's DD Form 214.  It would be
appropriate to add this award to his DD Form 214.

4.  The applicant served with a unit at the time it was cited for award of
the Presidential Unit Citation.  He is therefore entitled to have this unit
award added to his DD Form 214.

BOARD VOTE:

__tdh___  __jea___  __rjw___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding the applicant the Purple
Heart for wounds sustained in action against an armed enemy on 7 August
1951; the National Defense Service Medal, the United Nations Service Medal,
and the Presidential Unit Citation, and adding these awards to his DD Form
214.




            Thomas D. Howard, Jr.
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2003096899                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040506                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |