RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 November 2005
      DOCKET NUMBER:  AR20050003170


      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. John Denning                  |     |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 he was wounded in his right leg on 18 May 1951 in
Korea.  He contends he was treated for his wound and the company clerk
reported this in the morning report.  He also contends that he suffered
frozen feet and hearing loss due to an enemy mortar shell explosion.

3.  The applicant provides a copy of a letter, dated 19 May 1951, he wrote
to his wife while serving in Korea; a list of Soldiers who served with him
and had knowledge of his wound; and a letter, dated 16 February 2005, from
a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 May 1952.  The application submitted in this case is
undated; however, it was received in this office on 1 March 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 23 November 1948.  He served as an
infantryman in Korea and was honorably discharged on 22 May 1952.

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows the Combat Infantryman Badge, the United
Nations Service Medal, and the Korean Service Medal with five bronze
service stars 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, "NA" [Not Applicable].
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 copy of a letter,
dated 19 May 1951, he wrote to his wife while serving in Korea.  This
letter states, in pertinent part, that “I got wounded yesterday and got my
purple heart” and “I got hit in the leg just below the knee with a machine
gun.”

9.  There is no evidence in the available records which shows the applicant
was diagnosed with severe frostbite.

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.   While award of the Purple Heart for frostbite injuries is currently
prohibited, such injuries were previously a basis for the award.  Until 23
August 1951, Army Regulation 600-45, which governed the award of Army
decorations, stated that for the purpose of considering an award of the
Purple Heart, a “wound” is defined as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
face of the armed enemy or as a result of a hostile act of such enemy.  An
“element” pertains to weather and the award of this decoration to personnel
who were severely frostbitten while actually engaged in combat is
authorized.

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.  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.


14.  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.

15.  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 no evidence of record which shows the applicant was wounded or
treated for wounds as a result of hostile action in Korea.  In the absence
of orders or other evidence of record showing that the applicant was
injured or treated for wounds as a result of hostile action in Korea, the
19 May 1951 letter provided by the applicant is not sufficient as a basis
for an award of the Purple Heart.  Although the applicant reported that he
suffered frozen feet in Korea, there is no medical evidence of record which
shows he was diagnosed with "severe" frostbite as required by the governing
regulation at the time in question. Regrettably, there is insufficient
evidence on which to base award of the Purple Heart in this case.

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 22 May 1952; therefore, the time for the applicant
to file a request for correction of any error expired on 21 May 1955.
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

LE_____  JD______  _JM_____  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 National Defense
Service Medal and the Korean Service Medal with one silver service star.




            ___Lester Echols______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003170                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|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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