RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 September 2005
      DOCKET NUMBER:  AR20050003095


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Purple Heart.

2.  The applicant states he is a Purple Heart recipient and this decoration
is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a WD AGO Form 53
(Enlisted Record and Report of Separation); a 2nd Infantry Division Korean
War Casualty List; an unidentified roster; and a newspaper article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 May 1952.  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 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 31 July 1947 and was honorably discharged on
8 October 1947.  He enlisted on 20 September 1948 for a period of 3 years.
He served as an infantryman in Korea and was honorably discharged on 20 May
1952.

5.  The applicant's DD Form 214 shows the United Nations Service Medal, the
Korean Service Medal with five bronze service stars, the Combat Infantryman
Badge, the Presidential Unit Citation, and the Army of Occupation Medal
with Japan Clasp as authorized awards.  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 are no orders for the Purple Heart in the available records.
However, the Korean War Casualty Roster shows the applicant was wounded in
action on 14 August 1950.

7.  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.

8.  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.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

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 entry on the Korean War Casualty Roster is accepted as sufficient
as a basis for amending the applicant’s DD Form 214 to show award of the
Purple Heart for wounds received on 18 August 1950.

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

3.  The applicant’s DD Form 214 shows the Korean Service Medal with five
bronze service stars.  However, the governing regulation states that a
silver service star is authorized in lieu of five bronze service stars.
Therefore, the applicant’s DD Form 214 should be amended to show the Korean
Service Medal with one silver service star.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 20 May 1952; therefore, the time for the applicant
to file a request for correction of any error expired on 19 May 1955.  The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence it would be in the interest of justice to
excuse failure to timely file in this case.

BOARD VOTE:

LE_____  PS______  LH______  GRANT 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:

      a.  amending his DD Form 214 to show that he was awarded the Purple
Heart, the National Defense Service Medal and the Korean Service Medal with
one silver service star;

      b.  deleting the entry, “None” in item 29 on his DD Form 214; and

      c.  adding the entry, “Korea, 18 August 1950” in item 29 on his DD
Form 214.



            _____Lester Echols__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003095                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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