RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 October 2004
      DOCKET NUMBER:  AR2004100563


      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             |
|     |Mrs. Carolyn Wade                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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:

      a.  He fell 10 to 15 feet down a ravine while getting into position
during his tour of duty in Korea.

      b.  He injured his back when he fell off the cliff and that when he
complained of pain, he was sent to a MASH (Mobile Army Surgical Hospital)
unit for a day or so.

      c.  He developed a growth of some sort on his body about the same
time.

      d.  He was offered a Purple Heart when he was mustering out at Fort
Bliss, Texas.

      e.  He states he refused the Purple Heart because he did not want his
family to know he had been injured and that he thought his chances for
employment would be affected because he was damaged goods.

3.  The applicant provides a 30 July 2003 statement in his own behalf, a
1 December 2003 statement on his behalf from a fellow soldier, and a copy
of his DD Form 214 (Report of Separation from the Armed Forces of the
United States.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 July 1954.  The application submitted in this case is
dated 8 January 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,
sufficient documents are available for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's DD Form 214 shows he was inducted into the Army of the
United States (AUS) on 4 October 1952 for 2 years.

5.  The applicant served in the AUS until 3 July 1954 when he was honorably
released from active duty and transferred to the USAR.  He was credited
with 1 year and 9 months of active military service.

6.  The applicant's DD Form 214 shows the applicant was awarded the
National Defense Service Medal, the United Nations Service Medal, the
Korean Service Medal w/2 bronze service stars, the Korean Presidential Unit
Citation, the Combat Infantryman Badge, and the Good Conduct Medal.

7.  The applicant's DD Form 214 does not show award of the Purple Heart,
nor does it show any wounds received as a result of action with enemy
forces in item 29.

8.  The applicant's separation physical on 1 July 1954 does not reflect any
wounds or abnormal findings and clears him for release from active duty.

9.  Army Regulation 600-8-22 (Military Awards) 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:
(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.

10.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic 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.

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 is being
provided to the applicant.  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 add this foreign award to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's entitlement to award of the PH cannot be verified.
There is no medical evidence of record that shows the applicant was wounded
while engaging the enemy, or that such a wound was treated medically and
that the treatment was made a matter of record.

2.  Additionally, there is no entry in Item 29 of his DD Form 214 stating
he was wounded in combat, or any wounds annotated on his separation
physical showing he was wounded in combat.  No evidence could be found to
show the applicant's entitlement to the PH.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 July 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 July 1957.  However, the applicant 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __rtd___  __lds___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  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 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.



                                  Fred Eichorn
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100563                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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