RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 November 2005
      DOCKET NUMBER:  AR20050001609


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 DD Form 214 (Report of
Separation from the Armed Forces of the United States) for the period
ending 18 July 1952 to show award of the Purple Heart.

2.  The applicant states his foot was injured while positioning a 155mm
howitzer during an engagement with the enemy on 8 January 1951 in Korea.

3.  The applicant provides two January 1951 service medical records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The American Legion, as counsel for the applicant, requests correction
of the applicant's military records to show award of the Purple Heart, a
second award of the Good Conduct Medal, the United Nations Service Medal,
and the National Defense Service Medal.

2.  Counsel points out that there is an entry in a 1956 service medical
record indicating "Chip fracture of left foot 1950 Korea, artillery weapon
fell on foot no complications non sequelae."  Counsel states it is clear
that the applicant was injured when a shell, a part of the 155mm cannon, an
instrument of war, in use by the allied forces, fell on, struck, or was
ejected onto his right foot while his battery was firing in the conflict
against enemy forces.

3.  Counsel provides a statement, dated 28 June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 November 1956.  The application submitted in this case is
dated 14 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 enlisted on 14 July 1949 for a period of 3 years.  He
served as a cannoneer in Korea from 14 July 1950 through 9 June 1951 and
was honorably discharged on 18 July 1952 for immediate reenlistment.

4.  The applicant's DD Form 214 for the period ending 18 July 1952 shows
the Korean Service Medal with three bronze service stars as an authorized
award.

5.  There are no orders for the Purple Heart in the available records.
There is also no evidence in the available records which shows the
applicant was wounded or treated for wounds as a result of hostile action
in Korea.

6.  Section 8 (Wounds Received Through Enemy Action) on the applicant’s
service record is blank.

7.  The applicant underwent a separation physical examination on 15 July
1952 which makes no mention of any injuries or wounds sustained as the
result of hostile action.

8.  The applicant’s name does not appear on the Korean War Casualty Roster.


9.  In support of his claim for award of the Purple Heart, the applicant
provided two service medical records which show his right foot was struck
by a trail spade while putting a 155mm howitzer into position on 8 January
1951 in Korea.  There is no evidence that this injury was the result of
hostile action.

10.  Section 24 (Indorsements) on the applicant's service record shows he
was favorably considered for award of the Good Conduct Medal by his chain
of command on 14 July 1952.

11.  The applicant reenlisted on 19 July 1952 for a period of 6 years.  He
served as a track vehicle mechanic and was honorably discharged on 13
November 1956.

12.  The applicant's DD Form 214 for the period ending 13 November 1956
shows the Good Conduct Medal as an authorized award.

13.  The available records contain a charge sheet, dated 6 November 1953,
which shows unknown charges were preferred and referred to a summary court-
martial.  However, there is no evidence which shows the applicant received
a summary court-martial conviction.

14.  The applicant's service record shows that he received an efficiency
rating of "Good" for the period 3 July 1956 to 13 November 1956.
15.  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.  The regulation also states that individuals wounded or
killed as a result of "friendly fire" in the "heat of battle" will be
awarded the Purple Heart as long as the "friendly" projectile or agent was
released with the full intent of inflicting damage or destroying enemy
troops or equipment.

16.  Army Regulation 600-68, in effect at the time, provided policy and
criteria concerning award of the Good Conduct Medal.  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 or,
after
7 December 1941, completed 1 year of continuous active Federal military
service while the United States was at war.  The regulation also stated, in
pertinent part, this award would not be made to an enlisted man whose
records, during the required period of service, disclose a conviction by
any court-martial, nor to one whose character or efficiency is rated below
excellent.

17.  Army Regulation 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.

18.  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.

19.  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.

20.  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 service medical records provided by the applicant do not show that
his right foot injury was the result of hostile action in Korea.  There is
no evidence of record which shows that the applicant was wounded or treated
for wounds sustained as a result of hostile action in Korea.  Since he was
not injured by the howitzer's "released projectile" (i.e. by the shell
fired at the enemy) he does not meet the criteria for award of the Purple
Heart based on friendly fire.  Therefore, there is insufficient evidence on
which to base award of the Purple Heart in this case.

2.  Counsel's contention that the applicant is entitled to a second award
of the Good Conduct Medal is noted.  Although the applicant was favorably
considered for the first award of the Good Conduct Medal on 14 July 1952 by
his chain of command, he was not awarded this medal during his first
enlistment.  Evidence of record shows the applicant received the first
award of the Good Conduct Medal during his second enlistment.  Since his
record of service during his second enlistment included an efficiency
rating of "Good" during the period 3 July 1956 to 13 November 1956, and
this is a disqualification for award of the Good Conduct Medal, it appears
the applicant should not have been awarded the Good Conduct Medal for his
second period of service.  Therefore, it appears he was only eligible for
one award of the Good Conduct Medal, and he has that one award.

3.  The applicant served a period of qualifying service for award of the
United Nations Service Medal and the National Defense Service Medal.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 13 November 1956; therefore, the time for the
applicant to file a request for correction of any error expired on 12
November 1959.   Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  TO______  CK______  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the United Nations Service
Medal and the National Defense Service Medal.



            ___James Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001609                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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