RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 July 2005
      DOCKET NUMBER:  AR20050000236


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. James 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 award of the Purple Heart.

2.  The applicant states that he was wounded on 25 May 1951 by a landmine
in Korea.  He contends that he was “tagged” and treated at a military
hospital and informed that he would receive the Purple Heart.  However, he
never received the medal.

3.  The applicant provides a copy of an Office of The Surgeon General
Hospital List dated 25 May 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 August 1952.  The application submitted in this case is dated 22 December
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 applicant enlisted on 10 May 1949 for a period of 3 years.  He
served in Korea and was honorably discharged on 7 August 1952.

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows the United Nations Service Medal, the Korean
Service Medal with six bronze service stars, the Republic of Korea
Presidential Unit Citation, and the Army of Occupation Medal with Japan
Clasp as authorized awards.  Item 29 (Wounds Received as a Result of Action
with Enemy Forces) on the applicant's DD Form 214 shows the entry, "None."

6.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized on 25 May 1951 in Korea for wounds to his face as a direct
result of enemy action.

7. The Korean War Casualty Roster shows the applicant was wounded in action
on 25 May 1951.

8.  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.

9.  Army Regulation 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
to a date to be determined.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

11.  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.

12.  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.  Medical evidence of record shows the applicant was wounded in action on

25 May 1951.  Therefore, he is entitled to award of the Purple Heart and
correction of his DD Form 214 to show this award.

2.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

3.  The applicant’s DD Form 214 shows the Korean Service Medal with six
bronze service stars.  However, the governing regulation states that a
silver service star is authorized in lieu of five bronze service stars.
Therefore, the applicant’s DD Form 214 should be amended to show the Korean
Service Medal with one silver service star and one bronze service star.

BOARD VOTE:

WP_____  LB_____  JG______  GRANT 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:

      a.  awarding him the Purple Heart for wounds received in action on
25 May 1951 in Korea;

      b.  amending his DD Form 214 to add award of the Purple Heart and to
show that he was awarded the National Defense Service Medal and the Korean
Service Medal with one silver service star and one bronze service star;

      c.  deleting the entry, “None” in item 29 on his DD Form 214; and



      d.  adding the entry, “Korea, 25 May 1951” in item 29 on his DD Form
214.


            __William Powers______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000236                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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