RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR2004104662


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he has hearing loss in both ears
from injuries received during enemy captivity in the Korean War.

3.  The applicant further states that his captors ran rusty wires in his
ears. He continues that his ears have discharged blood and pus for 51 years
and he suffers from a chronic ear condition that cannot be corrected
through surgery or treatment.

4.  The applicant concludes that was awarded 100 percent service connected
disability, with 20 percent of which is for his ear injuries.

5.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 January 1957, the date of his separation from active
service.  The application submitted in this case is dated 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 service personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the Army Board for Correction of Military Records were
provided in part by the applicant and also obtained from alternate sources.


4.  The applicant's Certificate of Military Service shows that he entered
active duty on 26 July 1949.  He was honorably separated from active duty
on 28 January 1957 after serving 6 years, 6 months, and 2 days of active
service.

5.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

6.  The applicant's name is not listed on the Korean War Casualty Roster.

7.  The applicant's service personnel records contain a Standard Form
89 (Report of Medical History), dated 25 July 1949.  This medical form
shows that the applicant was given an induction examination and his present
health was "good."

8.  The applicant's service personnel records contain a Standard Form
88 (Report of Medical Examination), dated 26 July 1949.  This record shows
that the applicant was qualified for induction/enlistment.

9.  The applicant's service personnel records contain a Joint Message Form,
dated 28 February 1951.  This message shows the applicant's parents were
notified that the name of their son was mentioned in an enemy propaganda
broadcast and that prisoner of war status for their son was not officially
established by the message until further information is received.

10.  The applicant's service personnel records contain a Department of the
Army Battle Casualty Report, dated 25 August 1953.  This report shows that
the applicant's parents were notified by message that their son was
returned to military control and that he was in satisfactory condition.

11.  The applicant's records contain information from the Hospital
Admission Cards created by the Office of the Surgeon General of the Army.
This record shows that the applicant was admitted to an Army Medical
Treatment Facility in April 1954, for treatment of external furuncle
auditory canal [(boil) a localized swelling and inflammation of the skin
resulting from bacterial infection in a skin gland].  The record shows that
the cause was "not found."

12.  There is no indication in the hospital admission cards that show the
applicant was hospitalized or treated for wounds or injuries as a result of
hostile action.

13.  The applicant's personnel records contain a Standard Form 89, dated
11 January 1957.  This medical form shows that the applicant was being
separated and that his present health was "fair."

14.  The applicant's records contain a Standard Form 88, dated 11 January
1957. This record shows that the applicant was qualified for separation.

15.  The applicant's service personnel records contain a notarized letter,
dated
25 February 1987.  This letter is a statement from a former prisoner of war
who was in captivity with the applicant.  The former prisoner of war wrote
that, "After we were released from captivity in August 1953, we were sent
to the United States Army Hospital in Tokyo, Japan where I was on the same
ward with [the applicant's name omitted]. We were both treated for ear
infections and numerous other physical problems due to our long captivity."

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

17.  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 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.

18.  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.  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 applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  Evidence of record shows that the applicant was treated at a U.S. Army
Medical Facility after returning to military control from enemy captivity.
However, there is no evidence in his records that shows he was wounded or
treated for wounds as a result of hostile action.  There are no orders in
the applicant’s service personnel records which show he was awarded an
Purple Heart.

3.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds or injuries as a result of hostile
action, there is insufficient basis for award of the Purple Heart in this
case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1957, the date of his
separation. Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 27 January 1960.  Although,
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no statute of limitations on request for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  _KAH___  _RLD____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





            ___Mark D. Manning_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104662                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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