RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 August 2004
      DOCKET NUMBER:  AR2004101402


      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. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. John T. Meixell               |     |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 discharge certificate be corrected to
show his Korean service and that his DD Form 214 (Report of Separation from
the Armed Forces of the United States) be amended to show he was wounded in
Korea and to show all his awards.

2.  The applicant states that his DD Form 214 shows only one award but he
 was sent five medals, including the Purple Heart.  He was wounded in Korea
   on 19 August 1951.  His discharge certificate was signed on 23 December
1953 although his service in the Korean War was in 1951.

3.  The applicant provides a WD AGO Form 8-26 (title illegible), a DA Form
1577 (title illegible), a copy of his discharge certificate, a copy of his
DD Form 214, and a Veterans Administration rating decision (mostly
illegible).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on    22 September 1951.  The application submitted in this case is dated
19 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 was inducted into the Army on 28 December 1948.  He
separated on 7 December 1949 and was transferred to the Enlisted Reserve
Corps.

4.  On 3 January 1951, the applicant was recalled to active duty.  He
arrived in Korea around April 1951 and was assigned to the 13th Signal
Company, 1st Cavalry Division.

5.  A WD AGO Form 8-26 shows the applicant was wounded in action on
 19 August 1951.  Office of The Surgeon General hospital admission cards
also show that he was wounded in action on 19 August 1951.

6.  The applicant departed Korea around late August 1951 and was released
from active duty and transferred to the Enlisted Reserve Corps on 22
September 1951.  Item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214
shows he      was awarded the Korean Service Medal with one bronze service
star.  Item        29 (Wounds Received as a Result of Action with Enemy
Forces) of his DD Form 214 does not show he was wounded in action.

7.  The applicant's discharge certificate shows he was discharged from the
Armed Forces of the United States 23 December 1953.  The discharge
certificate indicates he was "Ready Reserve (active status) who was
inducted 28 December 1948 and transferred to AR 8 December 1949."

8.  The DA Form 1577 provided by the applicant is mostly illegible.  The
applicant annotated this document indicating it awarded him the Purple
Heart, the Meritorious Unit Emblem (currently designated the Meritorious
Unit Commendation), the National Defense Service Medal, the Korean Service
Medal, the United Nations Service Medal, and the "Bronze Star."  However,
the Bronze Star Medal is not one of the circled awards listed on the form.
The "Bronze Star" listed may actually have been a bronze service star.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 600-8-2 states that the National Defense Service Medal
is awarded for honorable active service for any period between 27 June 1950
and 27 July 1954, both dates inclusive, between 1 January 1961 and 24
August 1974, both dates inclusive, between 2 August 1990 and 30 November
1995, both dates inclusive, and between 11 September 2001 to a date to be
determined.

11.  Army Regulation 600-8-22 states that the United Nations Service Medal
is awarded for eligible service 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II and the Korean War.  It shows that the 13th
Signal Company, 1st Cavalry Division was awarded the Meritorious Unit
Commendation for the period 25 July 1950 through 17 December 1951 on
Department of the Army General Orders Number 53 dated 1952.

14.  Department of the Army Pamphlet 672-1 also shows that the 13th Signal
Company, 1st Cavalry Division was awarded the Bravery Gold Medal of Greece
during the period of the Korean War on Department of the Army General
Orders Number 2 dated 1956.

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
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 award.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal to eligible veterans of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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.

16.  Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and
Preparation of Separation Forms), in effect at the time, described the
proper method of executing the various separation forms to include the
discharge certificate.  In pertinent part, it stated that the name in
capital letters in signature order, serial number, grade and component of
the individual being separated would be entered on the discharge
certificate; the date of separation; the signature of the commanding
officer or designated officer of the installation effecting the separation;
and the name of the commanding or designated officer in capital letters,
with grade and arm or service below in lower case letters, would also be
entered.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action
on     19 August 1951 and therefore he met the eligibility criteria for
award of the Purple Heart.

2.  The evidence of record shows that the applicant met the eligibility
criteria for award of the National Defense Service Medal and the United
Nations Service Medal and that he was assigned to a unit during a period of
time that unit was awarded the Meritorious Unit Commendation and the
Bravery Gold Medal of Greece.  These awards should be added to his DD Form
214.

3.  The applicant provides a DA Form 1577 as evidence to show he was
awarded the Bronze Star Medal.  However, that form does not indicate he was
awarded the Bronze Star Medal.  It appears that the portion that is
illegible may have indicated he was authorized a bronze service star, to be
worn on his Korean Service Medal, as already indicated on his DD Form 214.

4.  There does not appear to be an error on the applicant's discharge
certificate except for the fact that too much information was entered on
the document.  The discharge certificate is not meant to be a record of
service.  The applicant's DD Form 214, prepared at the time he was released
from active duty and transferred to the Enlisted Reserve Corps in 1951,
indicated his Korean War service.  The discharge certificate was meant only
to indicate the date he was discharged (as opposed to being released from
active duty) from the Army.

BOARD VOTE:

__fne___  __gjw___  __jtm___  GRANT 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 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:

     a.  awarding him the Purple Heart for wounds received in action on 19
August 1951; and
     b.  amending his DD Form 214, in item 27, to add the Purple Heart, the
National Defense Service Medal, the United Nations Service Medal, the
Meritorious Unit Commendation, and the Bravery Gold Medal of Greece and, in
item 29, to show he was wounded in action on 19 August 1951 in Korea.

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
award of the Bronze Star Medal and to correcting his discharge certificate
to show his service in Korea.




            __Fred N. Eichorn_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101402                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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