RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 August 2004
      DOCKET NUMBER:  AR2004101437


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. Linda M. Barker               |     |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 DD Form 214 (Report of Separation from
the Armed Forces of the United States) be amended to add the Purple Heart.

2.  The applicant states that his DD Form 214 shows he was wounded.  He
received the Purple Heart while in the hospital and shipped it home.

3.  The applicant provides his DD Form 214; a mail declaration tag
postmarked 24 April 1951; his discharge certificate; a Questionnaire about
Military Service; a Request for Information Needed to Reconstruct Medical
Data; a certificate dated 24 July 1946 certifying he had service in the
Merchant Marine; and a DA Form 632 (Enlisted Reserve Corps Qualification
and Availability Questionnaire) dated 12 June 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred      on 16 June 1952.  The application submitted in this case was
received on            26 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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted into the Army on 8 September 1950.  He
arrived in Korea on an unknown date.  Item 29 (Wounds Received as a Result
of Action with Enemy Forces) on his DD Form 214 shows he was slightly
wounded in action on 10 April 1951.  He is also listed on the Korean War
Casualty Roster.

5.  The applicant was separated on 16 June 1952.  His DD Form 214 shows he
was awarded the Combat Infantryman Badge, the Army of Occupation Medal with
Japan clasp, the Korean Service Medal with two bronze service stars, and
one overseas bar.

6.  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.

7.  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.

8.  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.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action and he
states he received the Purple Heart.  His DD Form 214 should be amended to
add the Purple Heart.

2.  The applicant also met the eligibility criteria for award of the
National Defense Service Medal and the United Nations Service Medal.  These
service awards should also be added to his DD Form 214.

BOARD VOTE:

__wtm___  __rtd___  __lmb___  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 the DD Form 214 of the individual
concerned be corrected by showing he was awarded the Purple Heart, the
National Defense Service Medal, and the United Nations Service Medal.




            __Walter T. Morrison_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101437                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040805                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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