RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 September 2005
      DOCKET NUMBER:  AR20050002798


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Larry 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 award of the Purple Heart.

2.  The applicant states while walking down a road in Korea in July 1951 a
mortar shell exploded near him and a piece of shrapnel went into his right
eye.  He contends that he was taken to a field hospital, then to a hospital
in Korea, and then to a hospital in Japan for surgery.  While in the
hospital a major told him he was going to be awarded the Purple Heart and
he never received it.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States); a WD AGO Form 8-145 (Spectacle
Order Form), dated 16 July 1951; a letter, dated 30 July 1951, to a Member
of Congress from the Acting Surgeon General; a Department of Veterans
Administration Certificate of Eligibility; and a letter, dated 30 August
1951, from the Commanding General of the 8th Infantry Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1951.  The application submitted in this case is
dated 31 January 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.  The applicant enlisted on 19 August 1950, served in Korea and was
released from active duty on 31 August 1951.

5.  The applicant's DD Form 214 shows the Korean Service Medal as an
authorized award.  Item 29 (Wounds Received as a Result of Action with
Enemy Forces) on the applicant's DD Form 214 shows the entry, "None."

6.  There is no evidence in the available records which shows the applicant
was wounded or treated for wounds as a result of hostile action in Korea.

7.  The applicant’s name does not appear on the Korean War Casualty Roster.


8.  In support of his claim, the applicant provided a letter, dated 30 July
1951, from the Acting Surgeon General which states the applicant was
admitted to a hospital in the Far East Command on 12 July 1951 for a
condition involving his right eye.  He also provided a spectacle order
form.

9.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized on 11 July 1951 in Korea for an eye disease that existed prior
to entry on active military service.  This medical record also shows the
Tokyo Army Hospital in Japan was the place of final treatment.

10. Army  Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

12.  Army Regulation 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.

13.  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.

14.  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.  Although the applicant contends he was hospitalized in July 1951 in
Korea after a mortar shell exploded near him and a piece of shrapnel went
into his right eye, medical evidence of record shows he was hospitalized
for an eye disease that existed prior to his entry on active duty.  There
is no evidence of record which shows that he was wounded or treated for
wounds as a result of hostile action in Korea.  Regrettably, there is
insufficient evidence on which to base award of the Purple Heart in this
case.

2.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.

3.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 31 August 1951; therefore, the time for the
applicant to file a request for correction of any error expired on 30
August 1954.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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

JM_____  WP____  LO______  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.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the United Nations Service
Medal and the National Defense Service Medal.



            ____John Meixell___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001798                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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