RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050000412


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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 his records be corrected to show he was
retired as a corporal and that he be awarded a second Purple Heart.

2.  The applicant states that he was promoted to corporal during the week
of 27 November 1950.  He incurred a gunshot wound to the left ankle while
being evacuated.  He never paid much attention, but with heightened
awareness of the Vietnam war he and his family would like the record set
straight.

3.  The applicant provides copies of service medical records, his DD Form
214 (Report of Separation), retirement certificate and a letter of support
from a retired colonel who states that the applicant was promoted to
corporal by the battery commander who is now deceased.  Their task force
was surrounded by two Chinese divisions.  They were ordered to break out
and join the 1st Marine Division.  All personnel records were destroyed to
keep them from falling into enemy hands.  He states that the applicant was
a fine Soldier and that the unit was fortunate to have him during the
desperate fight at the Chosin Reservoir.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no request, argument or evidence beyond that submitted
with the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1951.  The application submitted in this case is
dated 28 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 limitations 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 records are intact and complete.  They show that he
enlisted for 4 years on 5 December 1949.  He was advanced to private first
class (PFC) on 1 November 1950.  He served in Korea with B Battery, 57th
Field Artillery Battalion from 16 September 1950 until he was evacuated.

4.  Medical records show that he sustained a serious wound to his left
thigh on 1 December 1950 and was shot in the foot while being evacuated.
He also sustained frostbite injuries to both hands and both feet "while in
combat in Korea."  This eventually led to loss of fingers and toes.  He was
evacuated to the United States on 12 December 1950 and retired as a PFC due
to physical disability on 31 October 1951.  His DD Form 214 lists his
authorized awards as the Purple Heart and the Korean Service Medal.

5.  His WD AGO 24A (Service Record) carries detaching endorsements showing
that he was favorably considered for the Good Conduct Medal upon relied
from B Battery, 57th Field Artillery Battalion and that his recorded
conduct and efficiency ratings were exclusively excellent.   His DA AGO
Form 20 Soldier's Qualification Record shows that he qualified Expert with
the M-1 Rifle.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

7.  While award of the Purple Heart for frostbite injuries is currently
prohibited, such injuries were previously a basis for the award.  Army
Regulation 600-45 (Decorations), which governed the award of Army
decorations until 23 August 1951, stated that for the purpose of
considering an award of the Purple Heart, a “wound” is defined as an injury
to any part of the body from an outside force, element, or agent sustained
while in action in the face of the armed enemy or as a result of a hostile
act of such enemy.  An “element” pertains to weather and the award of this
decoration to personnel who were severely frostbitten while actually
engaged in combat is authorized.

8.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded to
individuals who distinguish themselves by their conduct, efficiency, and
fidelity during a qualifying period of active duty enlisted service.  The
award was authorized 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 "excellent" for the
entire period of qualifying service and there must have been no convictions
by court-martial.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of the regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

10.  Army Pamphlet 672-1) Unit Citation and Campaign Participation Register
shows that, during the applicant's service in Korea the 57th Field
Artillery Battalion was credited with participation in three campaign
periods and awarded the Navy Presidential Unit Citation and the Republic of
Korea Presidential Unit Citation.

11.  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.

12.  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.

13.  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.  The applicant suffered three separate qualifying wounds and is entitled
to award of the Purple Heart with second oak leaf cluster for wounds
sustained in Korea on or about 1 December 1950.

2.  He distinguished himself by his conduct, efficiency, and fidelity
during a qualifying period of active duty enlisted service and should be
awarded the Good Conduct Medal.

3.  The applicant earned three bronze service Stars for wear on the Korean
Service Medal, the United Nations Service Medal, the Navy Presidential Unit
Citation, and the Republic of Korea Presidential Unit Citation.

4.  He qualified for the Expert Badge with Rifle Bar.

5.  The above awards should be shown on his DD Form 214.

6.  The support from the retired colonel is noted, but the applicant's
records are intact and complete.  There is no evidence of record to show
that he was promoted to corporal.  Furthermore, it is unreasonable to
accept that the applicant would have waited over fifty years to request a
correction that would result in higher retirement pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM  __  __MBL _  __RGS__  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 him the Purple Heart with First and Second Oak Leaf
Clusters;


      b.  awarding him the Good Conduct Medal; and


      c.  by correcting his DD Form 214 to show that his authorized awards
include the Purple Heart with Second Oak Leaf Cluster, the Good Conduct
Medal, the Korean Service Medal with three bronze service stars, the United
Nations Service Medal, the Navy Presidential Unit Citation, the Republic of
Korea Presidential Unit Citation, and the Expert Badge with Rifle Bar.


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
showing that the applicant was promoted to corporal.




                            __        John T. Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200540000412                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PART                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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