RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2004
      DOCKET NUMBER:  AR2004104764


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 his DD Form 214 (Report of Separation from the
Armed Forces of the United States) does not show the Purple Heart.  The
applicant further states that his citation for the Silver Star makes a
direct reference to the fact that he was wounded in action.

3.  The applicant provides a copy of General Orders Number 363,
Headquarters, 1st Cavalry Division, dated 23 November 1951 and a copy of
his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
21 March 1954, the date of his separation from active service.  The
application submitted in this case is dated 27 February 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.  The only records
available to the ABCMR for review were provided by the applicant.  The
primary record available to this Board is the applicant’s DD Form 214.

4.  The applicant's DD Form 214 shows he enlisted on 22 March 1951.  The DD
Form 214 shows he was released from active duty on 21 March 1954 after
completing 3 years of active service characterized as honorable.  The DD
Form 214 also shows that the applicant served 1 year, 8 months, and 21 days
of foreign service.




5.  Item 27 (Decorations. Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
lists the following awards earned during his Army service:  Korean Service
Medal
with three bronze service stars, the Combat Infantryman Badge, the Good
Conduct Medal, the United Nations Service Medal, the Army of Occupation
Medal with Japan clasp, the National Defense Service Medal, and the Silver
Star.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant's DD Form 214 contains the entry "None."

7.  The applicant's name is not listed on the Korean War Casualty List.

8.  The applicant provided a copy of General Orders Number 363,
Headquarters, 1st Cavalry Division, dated 23 November 1951.  These orders
show that the applicant was awarded the Silver Star for gallantry in action
against an armed enemy on 8 through 9 October 1951.

9.  General Orders 363 contained a narrative which described the
applicant's actions for which he was awarded the Silver Star.  The
narrative stated that the applicant stood erect while drawing the fire from
a dangerous weapon and forced the enemy to reveal their position.  The
narrative also stated that the applicant, despite the fact that he was
wounded, crawled towards the hostile emplacement and hurled grenades into
the enemy position.

10.  The applicant was assigned to Company G, 8th Cavalry Regiment,
1st Cavalry Division at the time of the action for which he was cited.

11.  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
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.

12.  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 the
acceptance and wear of this foreign service award to eligible U.S. Veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.



13.  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.  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 contends that he is entitled to the Purple Heart based on
his award of the Silver Star.

2.  General Orders Number 363, dated 23 November 1951 shows the applicant
received wounds as a result of hostile action on 9 through 10 October 1951.
Therefore, the applicant is entitled to award of the Purple Heart for
wounds sustained as a result of hostile action 9 through 9 October 1951
while serving in Korea.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 March 1957.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waiver failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

___fe___  __pms___  __ses___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart for
wounds sustained on 8 through 9 October 1951 while serving in Korea.



                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104764                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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