RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050002560


      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. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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, in effect, that he be awarded the Purple Heart.


2.  The applicant states, in effect, that he believes that he should have
been awarded the Purple Heart for injuries he sustained while he was in
Korea.  The injury, he states, happened in November or December 1952.  He
was on Pork Chop Hill when a grenade exploded and shrapnel hit him on his
right arm.  The shrapnel was pulled out and he retuned to combat.  He was
also wounded when a bomb exploded and threw him on his back.  He was in the
8th Army Hospital (MASH [Mobile Army Surgical Hospital]) in Korea.  This
incident happened about one and a half months prior to the grenade
incident.

3.  The applicant states that he has no "buddy statements" or anything to
support his claim.  He adds that there should be treatment records from the
MASH unit that he was in for about a month.

4.  The applicant submitted a copy of this DD Form 214, Report of
Separation from the Armed Forces of the United States; a two-page letter of
support for award of the Purple Heart from the Kitsap County Veteran's
Coalition, Bremerton, Washington, dated 5 August 2002; and three other
documents, including a Letter of Transmittal prepared by the Linn County
Veteran's Services Officer, Albany, Oregon, dated 7 February 2005, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show that he enlisted, in
the Regular Army, for 3 years, in San Antonio, Texas, on 13 March 1950, in
the rank of Recruit.  Prior to his enlistment in the Regular Army, the
applicant had enlisted and served in the 141st Infantry Regiment, 36th
Infantry Division, Texas Army National Guard.

2.  The applicant completed his basic combat training at Fort Ord,
California.  He received additional training at Camp Stoneman, California.
On completion of this training, he was awarded the Military Occupational
Specialty (MOS) 3729, Combat Construction Specialist, and was assigned to
the Corps of Engineers.

3.  The applicant's WD AGO Form 24A, Service Record, shows that the
applicant departed Camp Stoneman on 25 July 1950 and arrived in Japan on
8 August 1950. He departed Yokohama, Japan, on 11 September 1950 and
arrived in Inchon, Korea on 16 September 1950.  While in Korea, he served
with Company B, 13th Engineer Battalion, 7th Infantry Division.  He
remained with this unit throughout his assignment in Korea.  On 29
October 1951, the applicant departed Korea and arrived at Sasebo, Japan,
on 31 October 1951.  The applicant arrived in San Francisco, California,
on 26 November 1951.

4.  The applicant was credited with 1 year, 4 months and 2 days, foreign
and/or sea service on his discharge date.

5.  The applicant was discharged from the Army at Camp Polk, Louisiana, in
the rank of Private, on 16 April 1953, at the expiration of this term of
service.  On the date of his discharge, the applicant had completed 3 years
active military service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows the applicant was awarded, the Korean Service Medal, with six bronze
service stars; the United Nations Service Medal; the Meritorious Unit
Emblem [now known and hereafter referred to as the Meritorious Unit
Commendation]; and the Presidential Unit Emblem (Republic of Korea) [now
known, and hereafter referred to as the Republic of Korea Presidential Unit
Citation].  The Purple Heart is not shown as an authorized award.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the entry, "None."

8.  In his application to the Board, the applicant stated that he was
injured when a grenade exploded and shrapnel hit him on his right arm.  The
shrapnel was pulled out and he returned to combat.  The applicant also
stated that he was injured when a bomb exploded and threw him on his back.
He was hospitalized for about a month for this injury.

9.  A record of treatment in the applicant's service record shows that on 5
May 1951, the applicant injured his back in a fall from a cliff.  When
examined, on the Danish Red Cross Hospital Ship, Jutlandia, on 9 May 1951,
the applicant was found to have very little swelling and no evidence of
motor impairment in the lower extremities.  The applicant was given an X-
ray and was found not to have a fracture and was returned to duty after two
days rest.

10.  The applicant's name does not appear in the Korean Casualty File.

11.  The letter of support from the Kitsap County Veteran's Coalition
supports award of the Purple Heart to the applicant.  The author of the
letter states that requests for the applicant's records in the past have
resulted in indications that his service records, as well as medical
records, were lost or destroyed in the fire at the National Personnel
Records Center in St. Louis in 1973.

12.  Army Regulation (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.

13.  AR 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.

14.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, shows that the applicant's unit
was awarded the Republic of Korea Presidential Unit Citation for the
period 15 through 27 September 1950, by Department of the Army General
Orders (DAGO) Number 35, dated 1951 and for the period 30 September 1950
through 27 July 1953 by DAGO Number 22, dated 1956.  One of the two
awards of the Republic of Korea Presidential Unit Citations is shown on
the applicant's DD Form 214.

15.  DA Pamphlet 672-1 also shows that the applicant's unit was awarded the
Meritorious Unit Commendation for the period 11 September 1950 through
10 May 1951, DAGO Number 38, dated 1952 and for the period 1 September 1951
through 29 February 1952 by DAGO Number 1, dated 1954.  One of the two
awards of the Meritorious Unit Commendations is shown on the applicant's DD
Form 214.

16.  The applicant's unit was also awarded the Navy Presidential Unit
Citation for the period 15 September through 11 October 1950, by DAGO
Number 63, dated 1952.  This unit award is not shown on the applicant's DD
Form 214.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of
U.S. and foreign unit awards.  This regulation states that a Soldier may
wear the unit award permanently if the individual was assigned to, and
present for duty with the unit any time during the period cited; or was
attached by competent orders to, and present for duty with the unit
during the entire period, or for at least 30 consecutive days of the
period cited.
18.  AR 600-8-22, in paragraph 9-25, states that the Republic of Korea
Presidential Unit Citation is awarded by the Korean Government.  Not more
than one Republic of Korea Presidential Unit Citation will be worn by any
one individual and no oak leaf clusters or other appurtenance is
authorized.

19.  AR 600-8-22 states, in pertinent part, that the bronze oak leaf
cluster is awarded to denote the second and succeeding awards of certain
decorations, among which is the Meritorious Unit Commendation.

20.  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 he was
wounded in action while he served in Korea during the Korean War.

2.  The applicant's DD Forms 214 shows the entry "none" for wounds received
as a result of action with enemy forces.

3.  The applicant's name does not appear on the Korean War Casualty File;
however, there is evidence that he was treated on board the hospital ship
Jutlandia, on 9 May 1951.  The treatment he received was not identified as
having resulted from the explosion of a bomb or a grenade or the result of
an act by the enemy.

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

5.  The applicant served on active duty during one of the periods for which
the National Defense Service Medal was awarded.  He is therefore entitled
to award of the National Defense Service Medal and to have it added to his
DD Form 214.

6.  The applicant served with a unit that was awarded two Meritorious Unit
Commendations, or in effect, the Meritorious Unit Commendation, with oak
leaf cluster.  The entry shown on the applicant's DD Form 214 does not show
both Meritorious Unit Commendations to which the applicant is entitled.  He
is entitled to have the Meritorious Unit Commendation, with oak leaf
cluster, added to his DD Form 214.

7.  The applicant served with a unit that was awarded the Navy Presidential
Unit Citation.  This unit award is not shown on the applicant's DD Form
214.  He is entitled to have it shown on his DD Form 214.

8.  The applicant served with a unit that was twice cited for award of the
Republic of Korea Presidential Unit Citation.  Only one Republic of Korea
Presidential Unit Citation is shown on the applicant's DD Form 214.  Even
though Soldiers are only allowed to wear one Republic of Korea Presidential
Unit Citation, all awards and decoration to which the Soldier is entitled
will be shown in his record of service and thus on his DD Form 214.

BOARD VOTE:

_      ___   _        ____                  GRANT FULL RELIEF

__JS____  _KNL___  _LDS ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  deleting the Meritorious Unit Emblem (MUE) and the Presidential
Unit Emblem (Republic of Korea) [PUE(ROK)] from the applicant's DD Form
214;

      b.  awarding the applicant the National Defense Service Medal and
adding this award to his DD Form 214;

      c.  awarding the applicant the Meritorious Unit Commendation, with
oak leaf cluster, and adding this unit award to the applicant's DD Form
214;

      d.  adding the entry, Republic of Korea Presidential Unit Citation
(two awards) to the applicant's DD Form 214 to show that the unit the
applicant was assigned to was awarded two Republic of Korea Presidential
Unit Citations while he was a member of the unit; and

      e.  awarding the applicant the Navy Presidential Unit Citation and,
adding this award to the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart and its addition to his DD Form 214.



                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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