RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 November 2005
      DOCKET NUMBER:  AR20050002722


      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. Betty A. Snow                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that his right arm was hit with mortar
shrapnel that entered the arm.  He was treated for the arm injury in a
field hospital for
2 days.

3.  The applicant provides a copy of a National Achieves and Records
Administration (NARA) Military Findings Report containing Office of The
Surgeon General (OTSG) hospital admission records for the period 1950-1954
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 July 1953.  The application submitted in this case is
dated
9 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 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.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s separation document (DD Form 214) and OTSG hospital admission
records for the period 1950-1954.

4.  The applicant’s DD Form 214 shows he enlisted in the Army and entered
active duty on 19 July 1950.  It also shows that during his active duty
tenure, he earned the Combat Infantryman Badge, Korean Service Medal with 2
bronze service stars and the Army Occupation Medal (Japan).  Item 29
(Wounds) contains the entry “None”.
5.  On 18 July 1953, the applicant was honorably separated after completing

3 years of creditable active military service.

6.  The OTSG hospital admission report in the NARA report on file indicates
the applicant was admitted to a medical treatment facility in Korea on 4
October 1951.  It also shows he was treated for abrasions to his arm.  The
OTSG report confirms the applicant’s wound were received as a direct result
of action against an organized enemy.  The OTSG report also categorized the
applicant as a battle casualty.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that the PH is awarded to
any member of an Armed Force who is wounded or killed in action.  A wound
is defined as an injury to any part of the body from an outside force or
agent sustained under conditions defined by this regulation.  In order to
support awarding a member the PH, it is necessary to establish that the
wound, for which the award is being made, required treatment by a medical
officer.  This treatment must be supported by records of medical treatment
for the wound or injury received in action, and must have been made a
matter of official record.

8.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible veterans of the
Korean War, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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.  Once the KWSM has been authorized by the Department of the Air
Force, the applicant may apply to this Board to add this foreign award to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to award a PH, it is
necessary to establish that the wound required treatment by a medical
officer and this treatment must have been made a matter of official record.


2.  The available evidence in this case includes an OTSG hospital admission
record that confirms the applicant was wounded in action and received
medical treatment for the wound while serving in Korea.  Therefore, it
would be appropriate to correct the applicant’s record to show he was
wounded in action in Korea, and to award him the PH.

BOARD VOTE:

___TDH _  ___JI   __  __CD___  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 amending Item 29 of his 18 July 1953
by deleting the current entry and replacing it with the entry “WIA - Korea
- 4 October 1951”; by awarding him the Purple Heart; and by providing him a
corrected separation document that reflects these changes.




                            _____Thomas D. Howard____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002722                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/07/18                              |
|DISCHARGE AUTHORITY     |AR .615-360 . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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