RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 December 2004
      DOCKET NUMBER:  AR2004105953


      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. Rosa M. Chandler              |     |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, in effect, that his record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in Korea, but
never received the PH and that his record does not show that he is
authorized the award.

3.  The applicant provides a statement from a former comrade who states
that the applicant suffered a shrapnel wound when a mortar round hit near
his foxhole.  Because the applicant was only slightly wounded, he remained
on duty.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 November 1952.  The application submitted in this case is dated 25
September 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's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein was
obtained from a partially reconstructed record.

4.  The evidence available shows the applicant was inducted into the Army
of the United States on 7 February 1951.

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the Unites States) shows he was honorably separated on 7 November 1952
and that he was awarded the Combat Infantryman Badge, United Nations
Service Medal, and the Korean Service Medal with 1 Bronze Service Star.
The PH is not shown as an authorized award.

6.  The Korean War Casualty File is a compilation of the names of
individuals wounded during the Korean War.  This document does not contain
the applicant's name.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  This regulation provides, in pertinent
part, that the Purple Heart (PH) is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that:  (1) the wound was the result of hostile action; (2) the wound
required medical treatment; and (3) the medical treatment was made a matter
of official record.

8.  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 to eligible US veterans of the
Korean War, or their surviving next of kin.  The medal is provided at no
cost to the veterans.

9.  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 or their surviving next of kin.  To apply, veterans must
provide 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.  To be awarded the Purple Heart, the applicant would have to show he was
wounded and that:  (1) the wound was the result of hostile action; (2) the
wound required medical treatment; and (3) the medical treatment was made a
matter of official record.  The applicant has stated that he did not seek
medical treatment, and Hospital Admission Cards maintained by The Office of
The Surgeon General do not reflect that he the applicant was ever treated
for wounds received in combat.  The applicant's personal statement and the
Veterans Administration document that was created after the fact are not
substantiating proof to establish a basis for award of the Purple Heart.

2.  An eyewitness statement that was written more than 50 years after the
action is not sufficient to establish a basis for award of the PH.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
6 November 1955.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___fe___  __pms___  __ses___  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.



                                  Fred Eichorn
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105953                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]