RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 4, 2005
      DOCKET NUMBER:  AR2004106042


      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:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 her husband's, a former service
member (FSM), record be corrected by awarding him the Purple Heart and
adding this award to his separation document.

2.  The FSM's widow states, in effect, that the Purple Heart is not listed
on his DD Form 214, Report of Separation from the Armed Forces of the
United States, and that it was never issued to him.

3.  The FSM's widow submitted a copy of the FSM's DD Form 214, a copy of a
VA (Department of Veteran's Affairs) letter awarding him service-connected
disability compensation, a copy of their certificate of marriage, a copy of
his death certificate, and a copy of a Durable Power of Attorney,
in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed records and from alternate sources.

2.  The available records show that the FSM enlisted in the Regular Army on
27 July 1948 and was transferred to the Enlisted Reserve Corps on 1
September 1949, in the rank of Private, under the provision of Army
Regulation (AR)
615-362, to complete the remainder of his service obligation.

3.  During this period of service, the FSM served in the Asiatic-Pacific
Theater of Operations (APTO).  The FSM was awarded the Army of Occupation
Medal, with Japan Clasp, for this service.

4.  On 14 August 1950, the FSM was ordered to active duty.  He entered
service at Camp Carson [now Fort Carson], Colorado.

5.  The FSM was honorably released from active duty and transferred to
the Enlisted Reserve Corps (ERC), in the rank of Corporal, on 6 June 1952.
On the date of his release from active duty, the FSM had completed 1 year,
9 months, and 23 days active military service this period.

6.  The DD Form 214 the FSM was issued shows, in Item 27 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized), that he was awarded the Korean Service Medal, with three
bronze service stars; the United Nations Service Medal; and two overseas
service bars.  The Purple Heart is not shown on the DD Form 214.

7.  Item 29 (Wounds Received as a Result of Action With Enemy Forces), of
the FSM's DD Form 214, shows the entry, "None."

8.  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 and a
date to be determined.

9.  Item 28 (Most Significant Duty Assignment), of the FSM's DD Form 214,
shows that his most significant assignment was the 428th Engineer Water
Supply Company.

10.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the FSM's unit was awarded the
Republic of Korea Presidential Unit Citation for the period 19 September
1951 through 31 July 1952, by Department of the Army General Orders (DAGO)
Number 33, dated 1953.

11.  On 7 April 1959, the FSM was awarded service-connected disability
compensation for a gunshot wound to the right leg by the VA.  No other
details pertinent to this wound and how the VA arrived at its decision are
available.

12.  AR 600-8-22 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:  (a) the wound was
the result of hostile action; (b) the wound required medical treatment; and
(c) the medical treatment was made a matter of official record.

13.  The National Archives and Records Administration's Korean Conflict
Casualty File, 13 February 1950 through 31 December 1953, was searched for
evidence that the FSM was wounded in action against a hostile enemy while
he was in Korea.  No evidence was found.

14.  A health record research project, commonly referred to as the "SGO
Files", involved transposing the hospital admission card data from the
periods of World War II and the Korean conflict onto magnetic tape.  In
1988 the National Research Council made these tape files available to the
National Personnel Records Center (NPRC).  The availability of the
information to the NPRC received considerable publicity by the various
veterans' service organizations.  It was widely believed that these tapes
would become a valuable substitute for the records lost in the NPRC fire of
1973.  It is estimated that the SGO files document 95 percent of all
hospitalized battle casualties from World War II and the Korean War.  A
search of these files revealed one report.  On 8 January 1952, the FSM
received a wound, penetrating, missile, with no nerve or artery involvement
to the lower extremity (leg).  According to the SGO Files report, the FSM
was on leave, liberty or on off post duty, not involving misconduct.  The
causative agent was an accident in connection with use of his own
instrumentalities of war: explosion of small arms ammunition.  The FSM was
hospitalized for treatment of the wound and he was returned to duty after
26 days.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

16.  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.  The evidence shows that the FSM sustained a wound to his leg while he
served in the Korean War; however, this wound was not incurred as a result
of action with the enemy.  The SGO Files Report clearly shows that the FSM
was wounded in an accident in connection with the use of his own
instrumentalities of war – an explosion of small arms ammunition.

2.  Based on the available evidence referred to in the paragraph above, the
FSM is not eligible for award of the Purple Heart and to have it added to
his DD Form 214 at this time.

3.  The FSM served on active duty during one of the period during which the
National Defense Service Medal was awarded.  This award is not shown on his
DD Form 214 and it would be appropriate to add this award to his DD Form
214 at this time.

4.  The FSM served in a unit that was awarded the Republic of Korea
Presidential Unit Citation; at the time he was a member of the unit.  He is
therefore entitled to this unit award and to have it added to his
separation document.

5.  Evidence shows that the FSM's records contain administrative error that
does not require action by the Board.  Therefore, the Case Management
Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the FSM's records as outlines by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

jbg _____  rld  _____  kh______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 he was awarded the National Defense Service Medal and the
Republic of Korea Presidential Unit Citation.





                            ____Karen A. Heinz      __
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106042                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040405                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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