RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 January 2005
      DOCKET NUMBER:  AR2004106620


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert 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 that he be awarded the Army Good Conduct Medal
and the Purple Heart and that he be recognized for his military service
while assigned to Germany.

2.  The applicant states that his military service should be reflected with
its rightful recognition.

3.  The applicant provides his DD Form 214 (Report of Separation from the
Armed Forces of the United States), a physical profile report dated 16
March 1951, and a certificate from the Exclusive Fraternity of Honor.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 April 1952.  The application submitted in this case is
dated        23 March 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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The portion of the applicant's request pertaining to recognition for
his service in Germany has been addressed by separate correspondence and
will not be discussed further in this Record of Proceedings.

5.  The applicant enlisted in the Regular Army on 20 July 1948.  He was
promoted to Corporal on 17 January 1950.

6.  The applicant provided a physical profile report dated 16 March 1951
which shows he was given a profile and assigned duty limitations due to a
postural defect in his back causing a mechanical disorder and resultant
pain.  The profile did not indicate how the postural defect was incurred.

7.  The applicant was honorably separated on 21 April 1952 after completing
     3 years, 9 months, and 2 days of creditable active service with no
time lost.  His DD Form 214 shows he served 1 year and 2 months of overseas
service and that he had been awarded the Korean Service Medal.

8.  The Korean War Casualty File does not contain a listing for the
applicant.

9.  The applicant provided a certificate from the Exclusive Fraternity of
Honor that shows he was assigned to Korea from November 1950 to December
(year not shown).

10.  Army Regulation 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 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.

11.  Army Regulation 600-65 (Service Medals), in effect at the time,
provided policy and criteria concerning service medals.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940, for
first award only, 1 year served entirely during the period 7 December 1941
to 2 March 1946 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a soldier’s conduct and efficiency ratings must have been rated as
“excellent” for the entire period of qualifying service and there must have
been no convictions by court-martial.

12.  Army Regulation 600-8-22 (Military Awards) 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.  Army Regulation 600-8-22 provides that one bronze service star is
authorized for wear on the Korean Service Medal for each campaign under
certain prescribed conditions:  (1) being assigned or attached to, and
present for duty with, a unit during the period in which it participated in
combat or (2) under orders in the combat zone and in addition meets any of
the following requirements (a) awarded a combat decoration; (b) furnished a
certificate by a commanding general of a corps or higher unit or
independent force that he actually participated in combat; (c) served at a
normal post of duty; (d) or aboard a vessel other than in a passenger
status and furnished a certificate by the home port commander of the vessel
that he served in the combat zone.

14.  Army Regulation 600-8-22 provides 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.

15.  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.  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 of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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.  There is no evidence of record to show the applicant was wounded as a
result of hostile action.  The physical profile he provided shows he had a
postural defect but does not indicate how he incurred that defect.
Therefore, there is insufficient evidence on which to base award of the
Purple Heart.

2.  It is acknowledged the applicant served over 3 years of active duty and
was honorably separated.  However, because his service records are not
available there is insufficient information on which to base award of the
Army Good Conduct Medal.

3.  The certificate from the Exclusive Fraternity of Honor provided by the
applicant is incomplete and is not from an official Army organization.
There is insufficient information on which to determine his period of
service in Korea and how many bronze service stars he is eligible to wear
on his Korean Service Medal; however, he is eligible to wear at least one
bronze service star and his DD Form 214 should be amended to reflect that
fact.

4.  Based on his award of the Korean Service Medal, the applicant is
eligible for award of the United Nations Service Medal.

5.  The applicant is also eligible for award of the National Defense
Service Medal.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__kah___  __rd____  __jbg___    GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected by adding the United Nations Service
Medal and the National Defense Service Medal and by showing he is eligible
to wear one bronze service star on the Korean Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart and the Army Good Conduct Medal.




            __Karen A. Heinz______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106620                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050104                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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