RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002268


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Carol A. 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 award of the Purple Heart.

2.  The applicant states he was wounded in action.

3.  The applicant provides a 14 December 2004 letter from the Department of
Veterans Affairs; his DD Form 214 (Report of Separation from the Armed
Forces of the United States); and his Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 May 1954.  The application submitted in this case is
dated           2 February 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 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 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 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 in the Regular Army on 23 May 1951.

5.  The applicant is listed on the Korean War Casualty Roster.  An Office
of The Surgeon General Hospital Admission Card shows he received an injury
to his hand on 24 July 1952 as the result of a battle injury.  Item 29
(Wounds Received as a Result of Action with Enemy Forces) on his DD Form
214 shows he received a gunshot wound to his right hand on 23 July 1952 in
Korea.  His DD Form 214 does not show he was awarded the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

7.  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 award.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal to eligible veterans of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  Once the
Korean War Service Medal has been authorized by the Department of the Air
Force, the applicant may apply to the ABCMR to add this foreign award to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded as a result of
enemy action on 23 July 1952 and treated for those wounds and thus he meets
the eligibility criteria for award of the Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         21 May 1957.  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.

BOARD VOTE:

__jea___  __teo___  __cak___  GRANT FULL 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 on 23 July 1952
in Korea; and

     b.  adding the Purple Heart to his DD Form 214.




                            __James E. Anderholm__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002268                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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