RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 14, 2004
      DOCKET NUMBER:     AR2004103482


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard 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 rank be changed from Sergeant to Staff
Sergeant on his DD Form 214, Report of Separation from the Armed Forces of
the United States, and that the Purple Heart be shown among his authorized
awards and decorations.

2.  The applicant states, in effect, that he received the Purple Heart for
wounds received in action in Korea in 1950 and that he achieved the rank of
Staff Sergeant but neither were shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of a WD AGO
Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge,
with an effective date of 14 August 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 August 1951.  The application submitted in this case is
dated 2 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

4.  The WD AGO Form 53-55, with an effective date of 14 August 1946, shows
that the applicant enlisted in the Regular Army on 4 June 1946 and entered
active duty on the same date.  On 14 August 1946, he was honorably
discharged under the provision of Army Regulation (AR) 615-362, Section II,
for minority.

5.  On 26 August 1947, the applicant enlisted in the Regular Army at Fort
Knox, Kentucky, for 3 years.  On 25 August 1951, he was honorably
discharged, in the
rank of Sergeant, under the provision of AR 615-360, at the expiration of
his term of service.  On the date of his separation, the applicant had a
total of 4 years, 2 months, and 10 days net service for pay purposes.  Item
3 (Grade – Rate – Rank and Date of Appointment), of the applicant's DD Form
214, shows the rank, "Sgt" with a date of appointment of 2 August 1950.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows that he
was awarded the Army of Occupation Medal, with Japan Clasp; the Combat
Infantryman Badge; the Korean Service Medal, with three bronze service
stars; the Good Conduct Medal; one overseas service bar; and the
Distinguished Unit Citation [now known as the Presidential Unit Citation].
The Purple Heart is not shown among these awards.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the entry "None."  The applicant signed
his DD Form 214 on his release from active duty.

8.  The Hospital Admission Card Data File created by the Office of The
Surgeon General, Department of the Army, and made available to the National
Personnel Records Center, by the National Research Council, was reviewed
for any information that the applicant was wounded in action during the
Korean War.  No record that he was wounded in action was found; however,
there is evidence that he was hospitalized to receive medical treatment
while he served in the Army.

9.  On 10 August 1950, the applicant was hospitalized for treatment of a
psychoneurotic disorder and for treatment of malaria.  The applicant was
released to duty on 9 September 1950.

10.  The applicant underwent a separation medical examination at the U.S.
Army Hospital, Fort Knox, Kentucky, on 23 August 1951.  Item 20 (Skin –
Including Hair Distribution, Thickness of Nails, Tattooing, and Scars), of
the Standard Form (SF) 88, Report of Medical Examination, showed that the
applicant had "no significant abnormalities."  Item 42 (a. Remarks, b.
Summary of Pertinent and Interval History, c. Summary of Defects, and d.
Diagnosis), of the same form shows the entry "none."
11.  AR 600-8-22 provides, in pertinent part, that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August
1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a
date to be determined.

12.  AR 600-8-22 provides for award of the United Nations Service Medal.
In pertinent part, the regulation states that the period of eligibility for
the United Nations Service Medal was 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.

13.  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
heroic 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.  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 provided.  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 have it added to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Because the applicant's military records were lost or destroyed in the
National Personnel Records Center fire of 1973 and, because the applicant
provided no evidence showing that he was serving in the rank of Staff
Sergeant on his discharge from active duty, there is no basis for changing
the applicant's rank on his DD Form 214.
2.  The evidence does not support the applicant's contention that he was
wounded in action while he served in Korea during the Korean War.

3.  The applicant's name appears on the Hospital Admission Card Data File
created by the Office of The Surgeon General.  The evidence shows that he
was hospitalized, treated, and released back to duty; but, this
hospitalization was for illness.

4.  The applicant underwent a separation medical examination before being
discharged.  This medical examination revealed no information that he had
been wounded in action.

5.  The applicant's DD Form 214 shows the entry "none" for wounds received
as a result of action with enemy forces.  The applicant signed the DD Form
214.

6.  Based on the available evidence, there is no basis upon which to base
awarding the applicant the Purple Heart at this time.

7.  The applicant served on active duty during one of the qualifying
periods for award of the National Defense Service Medal.  It would be
appropriate to award the applicant the National Defense Service Medal and
add it to his DD Form 214 at this time.

8.  The applicant was awarded the Korean Service Medal.  Award of the
Korean Service Medal automatically entitles the applicant to award of the
United Nations Service Medal.  It would be appropriate to add this award to
the applicant's DD Form 214 at this time.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 August 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 August 1954.  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.

10.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

rd______  fe ______  ls    _____  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.

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 that the applicant was awarded the National Defense
Service Medal and the United Nations Service Medal by adding these awards
to his DD Form 214.



            ______Fred Eichorn______
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103482                            |
|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                  |                                        |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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