RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050003676


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, award of the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) should be corrected to
show award of the Purple Heart.

3.  The applicant provides a self-authored statement, dated 31 January
2005; a sworn witness statement, dated 25 January 2005; a copy of his DD
Form 214, with an effective date of 10 November 1956; and NGB Form 22
(National Guard Bureau - Report of Separation and Record of Service), with
an effective date of
1 September 1984, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 September 1984, the date of his transfer to the U.S. Army Reserve Control
Group (Retired).  The application submitted in this case is dated 3
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 service records show that he enlisted in the
U.S. Army on 16 January 1951, served on active duty, attained the rank of
sergeant/pay grade E-5, attended Officer Candidate School, and was
discharged on 4 May 1952 for the purpose of accepting a commission in the
U.S. Army.  On 5 May 1952, the applicant was commissioned as an infantry
officer in the U.S. Army in the rank of second lieutenant.

4.  The applicant's military service record shows that he was assigned to
Company I, 180th Infantry Regiment, 45th Infantry Division, Far East
Command on 3 March 1953 and served in Korea until 17 April 1954.  On 10
November 1956, he was honorably released from active duty and transferred
to the U.S. Army Reserve Control Group after serving 5 years, 9 months, and
25 days.

5.  On 17 January 1960, the applicant joined the Army National Guard as a
first lieutenant and attained the rank of colonel.  He was transferred to
the U.S. Army Reserve Control Group (Retired) on 1 September 1984 after
honorably serving a total of 33 years, 7 months, and 16 days.

6.  There is no evidence which shows that the applicant was wounded as a
result of hostile action.  The applicant's name is not listed on the Korean
War Casualty Roster and there are no orders in the applicant's personnel
records which show that he was awarded the Purple Heart.

7.  The applicant's records contain a DA Form 66 (Officer Qualification
Record).  Item 21 (Awards and Decorations) of this document is absent an
entry for the Purple Heart.  The applicant's records also contain a DA Form
2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and
Campaigns) of this document is also absent an entry for the Purple Heart.

8.  The applicant's military personnel records contain copies of four DA
AGO Forms 67-2/3 (Officer Efficiency Reports) which document the officer's
duties, characteristics, description, and performance of duty while serving
in Korea from 3 March 1953 through 22 April 1954.

9.  The applicant's military personnel records contain a copy of DA Form
639 (Recommendation for Award - Heroism), dated 21 October 1953, and
Headquarters, 45th Infantry Division (Korea), General Orders Number 671,
dated 16 December 1953, which show he was awarded the Bronze Star Medal
with "V" Device for heroic achievement in connection with military
operations against an armed enemy on 15 March 1953. The applicant's records
also contain a copy of Headquarters, 45th Infantry Division (Korea),
General Orders Number 43, dated 27 February 1954, which show that he was
awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious
service in connection with military operations against an armed enemy in
Korea from 1 June 1953 to 22 February 1954.

10.  The applicant's DD Form 214 shows in Item 26 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the Republic of Korea Presidential Unit
Citation with 2 bronze service stars, 2 Overseas Bars, United Nations
Service Medal, National Defense Service Medal, Korean Service Medal, Combat
Infantryman Badge, and the Bronze Star Medal with 1 Oak Leaf Cluster.  Item
27 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form
214 contains the entry "None."

11.  The applicant's records contain copies of two Standard Forms 89
(Report of Medical History), dated 11 November 1959 and 17 November 1968.
These documents show the applicant's medical history at these specific
points in time during his military service.  In response to Item 34 (Have
you ever had any illness or injury other than those already noted?  (If
yes, specify when, where, and give details), the applicant placed an "X" in
the "No" column on both occasions when he completed his medical history.

12.  The applicant's records also contain five Standard Forms 88 (Report of
Medical Examination), dated 11 November 1959, 8 June 1972, 4 May 1976,
4 June 1978, and 19 February 1982.  These documents show the results of the
applicant's medical examinations conducted at these specific points in time
during the course of his military service.  Item 39 (Identifying Body
Marks, Scars, Tattoos) of the documents fails to show a reference to
indicate that the applicant has a scar on his left leg.

13.  The applicant's military personnel records contain a copy of a
Biographical Data sheet pertaining to the applicant, which summarizes the
applicant's military service covering the period January 1951 through
August 1974.

14.  The applicant states, in effect, that while serving in Korea in April
1953, he was hit in the left leg by enemy mortar fire; however, he did not
report to the Aid Station due to the weather conditions and distance from
the Aid Station.  He also states that the medical personnel with his unit
treated his wounds and he continued fighting.  He further states that he
"was decorated for valor and received two bronze stars with V for valor"
and that he and another lieutenant received the Combat Infantryman Badge
the same day.   The applicant also provides a witness statement from the
first lieutenant who served with him which corroborates the applicant's
statement regarding the wound.

15.  A review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards), Appendix B (Campaigns,
Service Requirements, and Inscriptions Prescribed for Streamers) lists the
campaigns during the Korean War.  This document shows that the applicant
participated in the Third Korean Winter and Korean Summer-Fall 1953
campaigns; a total of two campaigns.




17.  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 U.S. veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

18.  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.

19.  Army Regulation 600-8-22 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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  This Army regulation also provides, in pertinent
part, that the bronze “V” device indicates acts of heroism involving
conflict with an armed enemy and authorizes the bronze “V” device in
conjunction with award of the Bronze Star Medal.  It also provides, in
pertinent part, that the first oak leaf cluster is awarded to denote the
second and succeeding awards of certain decorations, among which is the
Bronze Star Medal.

21.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and
27 July 1954.  It also authorizes award of a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of the
regulation and states that a bronze service star is worn on the Korean
Service Medal to denote an additional award for participation in a
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart for a wound he sustained to his left leg while serving in
Korea in April 1953. The applicant provides two sworn statements, from
himself and a first lieutenant who served with him in Korea, in support of
his request.  However, theses two documents provide insufficient evidence
upon which to base award of the Purple Heart.

2.  The applicant's military service records are absent any evidence that
he was wounded as a result of hostile action.  The applicant's name is not
listed on the Korean War Casualty Roster.  In addition, there are no orders
or entries in the applicant's personnel records which show that he was
awarded the Purple Heart.

3.  There is no evidence in the applicant's Officer Efficiency Reports
during the time frame in question which makes reference to the fact that he
was wounded in action while serving in Korea.

4.  There is no evidence in the Reports of Medical History or Reports of
Medical Examination, prepared jointly by the applicant and attending
physician during the course of the applicant's military service, which
shows that the applicant sustained any wounds while serving in Korea, or
that makes reference to a scar on his left leg incurred as a result of
being wounded in action.

5.  There is no reference made in the applicant's Biographical Data sheet
which indicates that he was wounded in action while serving in Korea.

6.  In the absence of sufficient documentary evidence to substantiate that
the applicant was wounded as a result of hostile action while serving in
Korea, there is no basis upon which to award the applicant the Purple
Heart.  Therefore, the applicant is not entitled to award of the Purple
Heart in this case.

7.  The evidence of records shows that the applicant served in two
campaigns in Korea.  Therefore, he is entitled to correction of his records
to show award of two bronze service stars to be affixed to his Korean
Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
31 August 1987.  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.
9.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __RGS _  ___ML___  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.
3.  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 by correcting his DD Form 214 to:

      a.  delete: the Bronze Star Medal with 1 Oak Leaf Cluster and Korean
Service Medal; and

      b.  add the Bronze Star Medal with "V" Device (First Oak Leaf
Cluster) and Korean Service Medal with 2 bronze service stars.




                                  ____ JOHN T. MEIXELL ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003676                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19840901                                |
|DISCHARGE AUTHORITY     |NGR 635-100, Paragraph 5a(2)(a)2        |
|DISCHARGE REASON        |Completion of Maximum Service           |
|BOARD DECISION          |DENY w-note                             |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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