RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050003071


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his records be corrected to show award of
the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he received shrapnel wounds in
combat while serving at Outpost Harry near the Kumioha (sp?) Hills, Korea
with the 3rd Infantry Division.  He also states he was a prisoner of war
(POW) from 25 April 1953 through 24 August 1953.

3.  The applicant provides copies of his DD Form 214 (Report of
Separation), a 27 March 1956 Veterans Administration (now the Department of
Veterans Affairs) (VA) disability rating for the residuals of injuries to
both thighs and for scars to the right deltoid region and right occipital
area; and two telegrams and a letter indicating the applicant was missing
in action from 25 April 1953 through 24 August 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 December 1955, the date of his release from active duty.
The application submitted in this case is dated 10 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.

4.  The 21 December 1955 DD Form 214 indicates he entered active duty on
8 October 1952 and had 3 years, 2 months, and 14 days of creditable
service.  It lists his military occupational specialty (MOS) as 951.10
(Military Policeman) and his awards as the National Defense Service Medal,
the Korean Service Medal with one bronze service star, the United Nations
Service Medal, and the Good Conduct Medal.  The DD Form 214 indicates he
served overseas for 5 months and 26 days and lists his most significant
assignment as with the Headquarters Detachment, 1208th Support Unit.

5.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

6.  Army Regulation 600-8-22, paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty, satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.  A
recipient must be personally present and under hostile fire while serving
in an assigned infantry or special forces primary duty, in a unit actively
engaged in ground combat with the enemy.

7.  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.

8.  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.  There is insufficient documentation to show that the applicant received
wounds as the result of hostile action.

2.  There is insufficient documentation to show the applicant served in an
infantry specialty or satisfactorily performed duty while assigned or
attached as a member of an infantry unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.

3.  Therefore there is insufficient documentation to warrant any correction
of the applicant's records at this time.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 December 1958.  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

_JRM_______  __LE___JED___  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.




                                  ___     _Lester Echols_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20051117                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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