RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 DECEMBER 2005
      DOCKET NUMBER:  AR20050003168


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette 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 award of the Purple Heart.

2.  The applicant states between September and October 1950 he was wounded
during a mortar attack while completing a bridge.  He states he was wounded
in the right shoulder and evacuated to the 4th Field Hospital for
treatment.  He notes he is currently rated as service connected for his
shoulder wound.

3.  The applicant provides no evidence in support of his request, beyond a
copy of his 1952 separation document.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active
duty on
7 October 1948 and served overseas for approximately 32 months where he was
awarded the Korean Service Medal.

2.  Copies of service medical records indicate the applicant sustained an
abrasion to his right shoulder on 17 October 1950 when a treadway fell
while taking out a bridge.  The medical documents note the injury was
accidentally incurred.  He was treated at the 4th Field Hospital and
returned to duty at the end of October 1950.

3.  The applicant's records contain several other medical documents which
note he was treated for a variety of ailments while in the military.
However, there is no indication in any of those medical records that he was
ever treated for wounds resulting from hostile action.

4.  On 22 February 1952 the applicant was discharged for the purpose of
reenlisting.  His 1952 separation document, which he authenticated,
reflects "NONE" in item 29 (wounds received as a result of action with
enemy forces).

5.  On 3 February 1954 the applicant was administratively discharged from
active duty for unfitness.  His service was characterized as undesirable.
His 1954 separation and medical documents, including two physical
examinations completed during his second period of service, also make no
mention of any combat incurred wounds.

6.  Documents in the applicant's file from the Department of Veterans
Affairs note the applicant is receiving disability compensation from that
agency for traumatic arthritis in his right shoulder.
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 by a medical officer, and the medical treatment must have been
made a matter of official record.

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

9.  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 award to eligible United States
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to the veterans.  The Department of Defense has
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 provide a copy of their discharge
paper (Department of Defense 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 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 add this foreign award to
his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence available to the Board indicates the applicant's
October 1950 shoulder injury was accidentally incurred.  In the absence of
evidence that he was wounded as a result of hostile action, there is no
basis for an award of the Purple Heart.

2.  The fact the applicant may be receiving disability compensation from
the Department of Veterans Affairs for a service connected disability is
not sufficient evidence to confirm he was wounded as a result of hostile
action and does not serve as a basis for an award of the Purple Heart.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Evidence shows that the applicant’s records contain administrative
error which does 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

___JH___  ___RB __  __JM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to the United Nations Service Medal.




                                  ______ James Hise_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003168                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]