RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      26 October 2005
      DOCKET NUMBER:  AR20050000411


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 he be awarded three bronze
service stars for wear on his Korea Service Medal; two Presidential Unit
Citations; the Meritorious Unit Commendation; a second Purple Heart, in
effect, the Purple Heart, with oak leaf cluster; and two overseas service
bars.

2.  The applicant states, in effect, that he believes an administrative
error occurred and these awards were omitted from his DD Form 214, Report
of Separation from the Armed Forces of the United States, when he was
separated.

3.  The applicant submitted a copy of his DD Form 214, a copy of three
orders pertinent to his Korean War service and a copy of a DA Form 1577,
Authorization for Issuance of Awards, dated 3 December 2001, that he
received pertinent to the awards he now seeks, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 June 1952.  The application submitted in this case is
dated 28 December 2004 but, was not received for processing until 6 January
2005.

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

4.  The available military records show that the applicant was inducted in
the Army of the United States on 27 September 1950.  Following completion
of all required training, he was awarded the primary military occupational
specialty 4745, Light Weapons Infantryman.
5.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows the applicant had 8 months and 17 days foreign and or sea service.
The applicant's specific dates of service in Korea are unknown.

6.  The applicant was called to determine the dates of his service in
Korea.  He stated that he had sailed from San Francisco, California, on 1
or 2 March 1951, and had arrived at Camp Drake, Japan, on board the USS
Lenawee.  A staff member conducted a review of the ship's manifest at the
National Archives, College Park, Maryland, but, the applicant was not
identified as being on board the Lenawee on the date specified.

7.  The evidence shows the applicant proceeded, on 30 September 1951, for
5 days, on a rest and recuperation leave, on temporary duty, exclusive of
travel time, from his unit, I Company, 23rd Infantry Regiment, 2nd Infantry
Division, to Japan (Osaka Area).

8.  The record shows the applicant was awarded the Purple Heart for
wounds he received as a result of enemy action on Satae-ri, North Korea,
on 7 October 1951.  The standard name line in these orders, General
Orders Number 57, Headquarters, 6110th Hospital Group, dated 13 October
1951, shows that the applicant was assigned to I Company, 23rd Infantry
Regiment, 2nd Infantry Division, when he was wounded.

9.  Special Orders 170, paragraph 3, published by the 6110th Hospital
Group, on 9 November 1951, show that the applicant was released from the
Medical Holding Detachment #2 or #3, 35th Station Hospital, for processing
and was returned to his former unit of assignment, the 23rd Infantry
Regiment.

10.  The applicant contends that he is entitled to a second award of a
Purple Heart, in effect, the Purple Heart, with oak leaf cluster, however,
there is no evidence in the available records that he was wounded a second
time while he served in Korea.

11.  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 only one report of the
applicant being wounded as a result of action against the enemy and that
is the wound that he sustained at Satae-ri, North Korea, on 7 October
1951, for which he was awarded the Purple Heart.  This "SGO File Report"
corroborates the entry found in Item 29, of the applicant's DD Form 214.
This entry is further corroborated by an entry in the Korean War Casualty
File maintained by the National Archives.  No other report that the
applicant was wounded in action, a second time while he served in Korea,
was found.

12.  On 26 June 1952, the applicant was discharged in the grade of Corporal
and was transferred to the Enlisted Reserve Corps to complete his military
service obligation.  On the date of his separation, the applicant had
completed 1 year and 9 months active military service.  The applicant had 8
months and 17 days foreign and or sea service.

13.  The DD Form 214, in Item 27 (Decorations, Medal, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows
that the applicant was awarded the Combat Infantryman Badge, the Korean
Service Medal, and the Purple Heart.  Only one Purple Heart is shown as
being authorized the applicant.  No other awards are shown.

14.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the following entry, "Clavicle wound,
Heart Break Bridge (sic) 7 October 1951."  No other wound is shown in this
item.

15.  The applicant earned the Korean Service Medal.  This award is shown on
the applicant's DD Form 214; however, it is shown without bronze service
stars to denote the applicant's campaign participation.

16.  While in Korea, the applicant participated in at least one campaign of
the Korean War.  Documents available show that he was in Korea and
participated in the United Nations Summer-Fall Offensive campaign.  The
applicant is therefore entitled to award of one bronze service star to be
affixed to his Korean Service Medal and to be added to his DD Form 214.

17.  AR 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, in this case, the Korean Service Medal.

18.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the applicant
was assigned to a unit at a time it was awarded the Republic of Korea
Presidential Unit Citation, for the period 16 September 1950 through 26
October 1953, by Department of the Army General Order (DAGO) Number 10,
dated 1954.

19.  DA Pamphlet 672-1 also shows that the 23rd Infantry Regiment, 2nd
Infantry Division, was awarded the Presidential Unit Citation for the
period 13 through 15 February 1951, by DAGO 49, dated 1951, for the
period 30 January through 2 February 1951, by DAGO 36, dated 1951;and for
the period 16 through 22 May 1951, by DAGO 72, dated 1951; however,
efforts to place the applicant in this unit on the dates for which the
unit was cited for this unit award proved unsuccessful.

20.  A review of DA Pamphlet 672-1 does not show that the 23rd Infantry
Regiment, 2nd Infantry Division, was awarded the Meritorious Unit
Commendation during its service during the Korean War.

21.  Army Regulation (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 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.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

22.  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.

23.  AR 600-8-22 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.

24.  Army Regulation 600-8-22, in pertinent part, states that the
Meritorious Unit Commendation (formerly known as the Meritorious Service
Unit Plaque until 1 March 1961) is awarded to units for exceptionally
meritorious conduct in the performance of outstanding services for at
least six continuous months during the period of military operations
against an armed enemy occurring on or after 1 January 1944.  Service in a
combat zone is not required, but must be directly related to the combat
effort.  The unit must display such outstanding devotion and superior
performance of exceptionally difficult tasks as to set it apart and above
other units with similar missions.  The degree of achievement required is
the same as that which would warrant award of the Legion of Merit to an
individual.  Only in rare cases will a unit larger than a battalion
qualify for award of this decoration.  For services performed during World
War II, awards will be made only to service units and only for services
performed between 1 January 1944 and 15 September 1946.

25.  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.

26.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Korea.  To calculate the entitlement, both
the month of arrival and month of departure are counted as a whole month no
matter the number of days in that month that were spent in the hostile fire
zone.  The applicant was credited with serving 8 months and 17 days foreign
and or sea service.  The applicant is entitled to one overseas service bar.

27.  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 does not support, and the applicant has provided no
additional corroborating evidence, that he was wounded in action a second
time while he served in Korea during the Korean War.

2.  The applicant's DD Forms 214 and other corroborating evidence shows
that the applicant was wounded in action once – on 7 October 1951.  He was
awarded the Purple Heart and it is shown on his DD Form 214.

3.  Based on the available evidence, there is no basis upon which to base
award of the Purple Heart, with oak leaf cluster, to the applicant and to
add this award to his DD Form 214.

4.  The applicant served honorably during one of the periods cited in the
applicable regulation for which award of the National Defense Service Medal
was made to active duty Soldiers.  He is eligible for award of the National
Defense Service Medal and to have it added to his DD Form 214.

5.  The applicant earned the Korean Service Medal.  This award
automatically entitles him to award of the United Nations Service Medal.
This medal does not appear on the applicant's DD Form 214.  It would be
appropriate to add this award to his DD Form 214.

6.  The Korean Service Medal is shown on the applicant's DD Form 214;
however, it is shown without bronze service stars to denote the applicant's
campaign participation.

7.  While in Korea, the applicant participated in at least one campaign of
the Korean War.  Documents available show that he was in Korea and
participated in the United Nations Summer-Fall Offensive campaign.  The
applicant is therefore entitled to award of one bronze service star to be
affixed to his Korean Service Medal and to be added to his DD Form 214.

8.  The applicant served with a unit at the time it was cited for award of
the Republic of Korea Presidential Unit Citation.  He is therefore entitled
to have this unit award added to his DD Form 214.

9.  The applicant's unit was awarded the Presidential Unit Citation for
the period 30 January through 2 February 1951, for the period 13 through
15 February 1951, and for the period 16 through 22 May 1951; however, the
earliest that the applicant's presence can be established in the unit is
30 September 1951, the date he departed on R&R to Japan.  Without
evidence to show that he was a member of the unit and present for duty
with the unit during the period for which the unit was cited for award of
the Presidential Unit Citation, the applicant is ineligible to have this
unit award added to his DD Form 214.

10.  Efforts expended by member of the Board to place the applicant in
the unit on an earlier date than 31 September 1951 were not successful.
The applicant is advised that the Army Board for the Correction of
Military Records is not an investigative agency and it decides cases
based on the information that is presented / submitted by applicants to
the Board.  When the applicant locates documentary evidence that places
him in the unit on an earlier, qualifying date, he may submit a request
to the ABCMR to add any additional awards to which he may be entitled to
his DD Form 214.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 June 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

_CVM___  __JEV__  ___LB___  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 all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding the applicant one bronze service star to be affixed to
his Korean Service Medal and to be added to his DD Form 214;


      b.  awarding the applicant the National Defense Service Medal, the
United Nations Service Medal; one overseas service bar; and the Republic of
Korea Presidential Unit Citation, and adding these awards to his DD
Form 214.

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 Presidential Unit Citation, with oak leaf cluster; the
Meritorious Unit Commendation; award of the Purple Heart with oak leaf
cluster; bronze service stars, in excess of one for wear on his Korean
Service Medal; and overseas service bars, in excess of one; to the
applicant and, addition of these awards to the applicant's DD Form 214.




                            ____James E. Vick______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000411                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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