RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 June 2004
      DOCKET NUMBER:   AR2004099900


      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. Klaus P. Schumann             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda M. Barker               |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that while a member of the Army
serving in the Republic of Korea (ROK), he was injured and should have
received the PH.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 13 October 1953.  The application submitted in
this case is dated 14 October 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.  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 in that fire.  This case is being considered
based on reconstructed records, which consist primarily of the applicant's
separation document (DD Form 214).

4.  The DD Form 214 issued to the applicant on the date of his separation,
13 October 1953, shows that he entered active duty on 25 September 1950.
Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of his separation document shows that during
his active duty tenure, he earned the Korean Service Medal with
3 bronze service stars, Army of Occupation Medal with Japan Clasp, United
Nations Service Medal and one Overseas Service Bar.

5.  The applicant's military records contain a picture provided by the
applicant prior to his application to this Board, which shows him with a
bandaged hand.  However, Item 29 (Wounds Received As a Result of Action
with Enemy Forces) of the applicant’s DD Form 214 contains the entry
“None”.  The applicant authenticated this document with his signature in
Item 48 (Signature of Person Being Separated).

6.  There are no orders or other documentary evidence on file that indicate
the applicant was ever wounded in action or that he was ever treated for a
wound/injury he received as a result of hostile action.  Further, there is
no documentary evidence that shows he was ever wounded in action or
recommended for and/or awarded the PH.

7.  In connection with the processing of this case, a member of the Board
staff reviewed the Korean War Casualty File.  The applicant’s name was not
included in this list of casualties.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

9.  Paragraph 2-10 of the awards regulation contains guidance on the
National Defense Service Medal (NDSM).  It states, in pertinent part, that
it is authorized for any period of honorable active duty service performed
between
27 June 1950 and 27 July 1954.

10.  As a matter of information, the Korean War Service Medal was issued by
the government of the ROK and approved for acceptance by the Department of
Defense.  Responsibility for distribution of this award was given to the
Department of the Air Force.  To apply, veterans must submit a copy of
their
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.  Once the award 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.  The applicant contends that he is entitled to the PH.  However, by
regulation, in order to award the PH it is necessary to establish that a
soldier was wounded in action, that the wound required treatment by a
medical officer and the record of medical treatment must have been made a
matter of official record.

2.  The evidence in this case fails to provide any corroboration that the
applicant’s injury was the direct result of or caused by enemy action, as
evidenced by the absence of his name on the Korean Casualty List, the
absence of the PH from the list of authorized awards in Item 27 and the
“None” entry in Item 29 of his DD Form 214.  Further, the applicant
authenticated his DD Form 214 with his signature, thereby verifying that
the information contained in the separation document, to include the
entries in question, was correct at the time the document was prepared and
issued.

3.  Although the veracity of the applicant’s claim that he was injured
while serving in Korea is not in question, absent any evidence to confirm
the applicant’s injury was combat related, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.
As a result, the requested relief must be denied in the interest of all
those who served during the Korean Conflict and who faced similar
circumstances.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that his record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1953.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 12 October 1956.  However, he 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.

6.  The evidence does show that based on his qualifying active duty
service,
 the applicant is entitled to the NDSM.  The omission of this award from
his record is considered an administrative matter that does not require
Board
action to correct. 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 3 of the
 BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SAC__  ___LE___  __LMB__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart.  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 in regard to this issue.

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 for the Purple
Heart 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 regarding this issue.

3.  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 to show his entitlement to the National Defense Service Medal and
by issuing him a corrected separation document that includes this award.




            ___Samuel A. Crumpler___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004099900                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |29 June 2004                            |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19531013                                |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 61    |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |