RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          6 October 2005
      DOCKET NUMBER:  AR20050000561


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 correction of his military records to show award
of the Purple Heart, the Bronze Star Medal, and “other decorations.”

2.  The applicant states, in effect, that he was wounded while serving in
the Korean War.  He states that he was awarded the Purple Heart at Fort
Buchanan, Puerto Rico in 1955 and still has a “very clear scar” on his
right leg and right arm.

3.  The applicant does not provide any documents, or other form of
evidence, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 27 October 1955.  The application submitted in this case was
received by the Board on 16 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 records show that he was inducted on 20 November 1952
and served in Puerto Rico and later, Korea.  The applicant was dishonorably
discharged on 27 October 1955 in pay grade E-1.  He had served a total of
2 years, 4 months, and 9 days of net active service and had 209 days lost
time due to confinement.  His discharge was later upgraded to General,
Under Honorable Conditions by the ABCMR in docket number AC-61-2568H on
13 July 1977.

4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s original DD Form 214 (Report of Separation from the Armed
Forces of the United States), signed in the applicant’s own hand, contains
the entry “None.” Item 27 (Decorations, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized) of this same form
also contains the entry “None.”

5.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or
Discharge from Active Duty), dated 18 March 2004, shows the applicant is
entitled to the following awards: the National Defense Service Medal; the
Korean Service Medal with one bronze service star; the United Nations
Service Medal; and, the Combat Infantryman Badge.

6.  There are no orders in the available records that show that the
applicant was awarded the Purple Heart and the applicant has not provided a
copy of orders, or a certificate, awarding him the Purple Heart.

7.  There are no medical documents in the available records, to include
copies of information derived from the hospital admission cards of the
Office of The Surgeon General, commonly referred to as the "SGO Files,”
which show that the applicant was wounded, or treated for wounds, as a
result of hostile action.

8.  There are no entries in Section 8 (Wounds Received Through Enemy
Action) of the applicant’s DD Form 230 (Service Record).

9.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

10.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders, or other evidence, authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, they will not be discussed further in this Record of Proceedings.

11.  Section 9 (Medals, Decorations and Citations) of the applicant’s DD
Form 230 shows that he was awarded the Republic of Korea Presidential Unit
Citation.

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 authenticated his original separation document, which did
not show award of the Purple Heart or wounds sustained in action.  There
are no medical records that show the applicant was wounded, or treated for
wounds, as a result of hostile action.  There are no orders awarding the
applicant the Purple Heart.  Therefore, he is not entitled to award of the
Purple Heart or correction of his records to show this decoration.

2.  Evidence of record shows the applicant is entitled to the Republic of
Korea Presidential Unit Citation.  Therefore, he is entitled to correction
of his records to show this foreign unit award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1955.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 October 1958.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

4.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___rtd___  ____lvb__  ___clg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 award of the Republic of Korea Presidential Unit
Citation.




            _________Curtis L. Greenway_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000561                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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