RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 November 2005
      DOCKET NUMBER:  AR20050002557


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |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 requests that he be awarded the Purple Heart.

2.  The applicant states that he was a medic in the front lines of battle
and was shot in the arm, which over the years, shrapnel has broken into
pieces with some stuck in the nerve channel of his elbow, causing nerve
damage to his left side of the body and is now going down the right side.

3.  The applicant provides a copy of his report of separation (DD Form 214)
and his appeal to the Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 December 1952.  The application submitted in this case is
dated 4 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 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 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 that 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.  He was inducted in St. Louis, Missouri, on 8 January 1951.  He
completed his training as a medical technician and was transferred to the
Far East Command and was assigned to Medical Company, 5th Cavalry Regiment.

5.  He was promoted to the rank of sergeant on 26 October 1951 and
continued to serve until he was honorably released from active duty
(REFRAD) at Camp Crowder, Missouri, on 10 December 1952, and was
transferred to the Enlisted Reserve Corps (now known as the United States
Army Reserve).  He had served

1 year, 11 months, and 3 days of total active service of which 1 year, 6
months, and 3 days were spent overseas.  He was awarded the Korean Service
Medal with three bronze service stars, the United Nations Service Medal,
the Army of Occupation Medal with Japan clasp, and the Combat Medical
Badge.

6.  His DD Form 214 issued at the time of his REFRAD indicates in item 29
under “Wounds Received as a Result of Action with the Enemy” contains the
entry “None”.  The applicant also authenticated the form with his signature
at the time of separation.

7.  A review of the available records, to include the Korean War Casualty
Listing fails to show that the applicant was reported or treated as a
casualty.

8.  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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal (NDSM) 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.  This regulation also
provides that the second and subsequent awards of the National Defense
Service Medal are denoted by a bronze service star affixed to the National
Defense Service Medal.

10.  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.

11.  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’s contention has been noted.  However, he has failed to
show through the evidence submitted or the evidence of record sufficient
evidence to establish that he was injured as a result of enemy action and
that he received treatment for that injury.

2.  Therefore, absent evidence to show that he was wounded as a result of
enemy action and the treatment was made a matter of record, there appears
to be no basis to award him the Purple Heart at this time.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  It is noted however, that the applicant was subsequently issued the
NDSM.  However, it was never added to his records.  Accordingly, it should
be added to his records at this time.

5.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 December 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
9 December 1955.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __phm___  __ljo___  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  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 his award of the NDSM.



                                  John Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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