RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 14, 2004
      DOCKET NUMBER:     AR2004100069


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 records be corrected to reflect his
award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart
and it was omitted from his report of separation (DD Form 214).

3.  The applicant provides a copy of his DD Form 214 showing that he was
wounded in Korea on 15 February 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 15 May 1952.  The application submitted in this case is dated 17
November 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 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.  He enlisted in Independence, Kansas, on 14 September 1948 for a period
of 4 years.  He completed his training and was transferred to Japan.  He
was subsequently transferred to Korea with the 7th Cavalry Regiment.

5.  On 15 February 1951, he sustained a bullet wound to the thigh as a
result of enemy action.  He was treated for that wound and was reported as
a battlefield casualty.

6.  He was promoted to the rank of sergeant first class on 30 August 1951
and on 15 May 1952, he was honorably discharged at Fort McCoy, Wisconsin.
He had served 3 years, 8 months and 2 days of total active service and was
awarded the Army Occupation Medal with Japan clasp, the Combat Infantryman
Badge, the United Nations Service Medal, and the Korean Service Medal with
three bronze service stars.  Item 29 of his DD Form 214, "Wounds received
as Result of Action with Enemy Forces" indicates that he was wounded on
Hill 578, North of Seoul on 15 February 1951.

7.  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.

8.  Army Regulation 600-8-22 also 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.

9.  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.

10.  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.  Inasmuch as the available evidence clearly shows that the applicant was
in fact wounded in combat on 15 February 1951 and treatment for that wound
was made a matter of record, it is reasonable to presume that the applicant
was awarded the Purple Heart as he contends and that the failure to add
that award to his records was simply the result of an administrative
oversight.

2.  Accordingly, it would be in the interest of justice to add that award
to his records at this time.

3.  Additionally, the applicant is entitled to award of the NDSM and that
award should be awarded at this time as well.

BOARD VOTE:

fe  _____  lds  _____  rtd  _____  GRANT 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 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 showing that he was awarded the Purple
Heart and by awarding him the NDSM.




            ____Fred Eichorn____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Purple Heart                            |
|107.0015                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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