RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050002396


      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. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, the widow of a former service member (FSM), requests, in
effect, that the FSM be awarded the Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded in Korea by
mortar fire or something.  For this injury, he received a VA (Department of
Veterans Affairs) rating and a bronze star.  He was discharged in 1953 and
later entered the Air Force.

3.  The applicant provides a copy of the FSM's DD Form 214, Report of
Separation from the Armed Forces of the United States; a copy of the FSM's
death certificate, which shows the applicant as the informant at the time
of the FSM's death; a copy of the FSM's DD Form 256A, dated 24 December
1953; a copy of the FSM's DD Form 256AF, dated 20 May 1959; and a copy of a
NGB (National Guard Bureau) Form 55, Honorable Discharge, dated 20 May
1961; in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows that he enlisted in the Regular Army for 3 years
on 24 January 1951 at Jackson, Mississippi.  After completing all required
training, the FSM was awarded the military occupational specialty (MOS),
1822 (Utilities Foreman).

2.  The FSM was assigned to and he arrived in Korea on 27 June 1951.  He
was assigned to the 92nd Armored Field Artillery Battalion, 2nd Armored
Division.  The FSM departed Korea on 10 March 1952.

3.  The FSM was separated on 24 December 1953 at Fort Knox, Kentucky.  The
FSM was separated in the rank and pay grade, Private First Class, E-3.  On
his separation date, the FSM had 2 years, 11 months, and 1 day creditable
military service.  Following the FSM's Army service, he enlisted and served
in the Air Force.

4.  The applicant's DD Form 214, Item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded:  the National Defense Service Medal; the Korean
Service Medal, with one bronze service star; the United Nations Service
Medal; and the Republic of Korea Presidential Unit Citation.  The Purple
Heart is not shown among the FSM's awards.

5.  In the letter addressed to her Member of Congress, the applicant stated
that the FSM had been awarded the bronze star.  It is presumed that she
meant the bronze service star awarded in conjunction with the Korean
Service Medal and not the Bronze Star Medal, an individual award or
decoration.

6.  The applicant's DD Form 214 does not show the Bronze Star Medal that
the applicant alleges the FSM to have received while he served in Korea.
The DD Form 214 does show that the Korean Service Medal was awarded with
one bronze service star to denote the FSM's campaign participation while he
served in the Korean War.

7.  The applicant's name does not appear on the National Archive's Korean
War Casualty File.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the FSM's DD Form 214, shows the entry, "None."  The applicant provided no
documentary evidence to show the FSM was provided medical treatment for a
wound or injury while he served in Korea which was not considered at the
time of preparation of his DD Form 214.

9.  A copy of the entrance physical examination given to the FSM is not on
file in his service record; however, a copy of his separation physical
examination is.

      a.)  Item 40 (Physician's Summary and Elaboration of All Pertinent
Data), of the Standard Form 89, Report of Medical History, completed in
conjunction with the FSM's discharge from the Air Force, which was
administered on 15 May 1959, has the entry, "Ear trouble and running ear
refer to mortar blast in Korea in 1951.  Discharge under 20% disability.
Still has hearing loss."

      b.)  Item 73 (Notes and Significant or Interval History), of the
Standard Form 88, Report of Medical Examination, completed in conjunction
with the FSM's discharge from the Air Force, which was conducted on 15 May
1959, has the entry, "Ear trouble and running ear refer to mortar blast in
Korea in 1951.  Discharge under 20% disability.  Still has hearing loss."

10.  The FSM's DD Form 214 shows entitlement to the Korean Service Medal;
however, it does not show the correct number of bronze service stars to
which he is entitled for his campaign participation.

11.  While in Korea, the FSM participated in the following three campaigns:
the Chinese Communist Forces Spring Offensive, which extended from 22 April
through 8 July 1951; the United Nations Summer-Fall Offensive, which
extended from 9 July through 27 November 1951; and the Second Korean
Winter, which extended from 28 November 1951 through 30 April 1952.

12.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Korean Service Medal.

13.  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.

14.  AR 600-45, the awards regulation in effect at the time of the FSM's
service in Korea, defined a "'wound' as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
face of an armed enemy or as a result of a hostile act of such enemy. . .
. . A physical lesion is not required, provided the concussion or other
form of injury received was directly due to enemy action and required
medical treatment.  Record of medical treatment for wounds or injuries
received in action as prescribed above must have been made a matter of
official record during the period of hostilities or within 6 months
thereafter."

15.  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 the applicant's contention that her
husband, a FSM, was wounded in action while he served in Korea.

2.  The FSM's name does not appear on the Korean War Casualty File.

3.  The Report of Medical History and the Report of Medical Examination
completed in conjunction with the FSM's discharge from the Air Force, on 15
May 1959, has the entry, "Ear trouble and running ear refer to mortar blast
in Korea in 1951.  Discharge under 20% disability.  Still has hearing
loss;" however, the applicant provided no documentary evidence to show that
the FSM was provided medical treatment for a concussion injury or any other
type of injury while he served in Korea.

4.  Based on the available evidence, there is no basis upon which to award
the Purple Heart to the FSM and to add it to his DD Form 214.

5.  The FSM's DD Form 214 shows entitlement to the Korean Service Medal,
with one bronze service star.  It does not show the correct number of
bronze service stars to which he is entitled for his campaign
participation.  He is entitled to award of two additional bronze service
stars, in addition to the one already shown on his DD Form 214, to be
affixed to his Korean Service Medal.

6.  Evidence shows that the applicant’s records contain administrative
error which does 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

___jtm___  ___wdp _  ___ljo___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 by awarding the FSM two bronze service stars, in addition to the
one bronze service star already shown in conjunction with his Korean
Service Medal, and to add these to his DD Form 214.




                                  _________William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002396                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2. 61                   |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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