RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050003223


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 he be awarded the Purple Heart for wounds
received in action against the enemy in Korea on 11 February 1951 and that
his records be corrected to reflect his gunshot wound (GSW) to the left
forearm on 11 February 1951.  He also requests that his Purple Heart be
provided to his congressional representative in Cheyenne, Wyoming.

2.  The applicant states, in effect, that he was wounded in Korea by enemy
forces on 11 February 1951 and was never awarded the Purple Heart.
Additionally, his wound was not recorded on his DD Form 214 at the time of
his discharge.

3.  The applicant provides copies of documents from his medical records
reflecting that he was wounded by the enemy on 11 February 1951, near
Konjiam Ni, Korea, when he received a GSW to the left forearm and was
treated at the 10th Station Hospital.  He also provides a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 March 1952.  The application submitted in this case is dated
17 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.  After serving 1 year, 10 months and 15 days of active service, the
applicant reenlisted on 2 October 1948 for a period of 3 years.

5.  On 11 February 1951, while serving as a corporal assigned to Company B,
7th Cavalry Regiment, 1st Cavalry Division in Korea, the applicant was
wounded in action against the enemy.  He received a GSW to the left forearm
and was initially transferred to the 8055th Mobile Army Surgical Hospital,
where he was initially treated and then transferred to the 10th Station
Hospital.

6.  On 5 March 1952, he was honorably discharged at Fort Hood, Texas, in
the rank of sergeant.  He had served 3 years, 5 months and 4 days of active
service during his current enlistment and was awarded the Army Occupation
Medal with Japan Clasp, the Combat Infantryman Badge, the Republic of Korea
Presidential Unit Citation, the Bronze Star Medal, and the Korean Service
Medal with three bronze service stars.  He was subsequently awarded the
United Nations Medal and the Good Conduct Medal.

7.  His DD Form 214 in item 29, under “Wounds Received as a Result of
Action with Enemy Forces” contains the entry “None”.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal (NDSM).

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was
wounded as a result of enemy action in Korea on 11 February 1951.
Accordingly, he is entitled to be awarded the Purple Heart.

2.  He is also entitled to have his DD Form 214 corrected to reflect that
he received a GSW to the left arm in Korea on 11 February 1951.

3.  Additionally, the applicant is entitled to be awarded the NDSM for his
service during the Korean War.

BOARD VOTE:

__slp___  __mhm___  __alr___  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 awarding him the Purple Heart for
wounds received in action against the enemy in Korea on 11 February 1951,
while serving as a corporal, by correcting his records to reflect that he
received a GSW to the left arm in Korean on 11 February 1951 and by
awarding him the NDSM.





                 Shirley L. Powell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003233                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0069              |115/NDSM                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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