RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 December 2005
      DOCKET NUMBER:  AR20050003761


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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, the Good Conduct Medal, and the Combat Infantryman Badge.

2.  The applicant states, in effect, he should have been awarded the Purple
Heart for an injury he sustained to his right arm on 23 March 1951 from
enemy fire in Korea.  He contends that his DD Form 214 does show he was
wounded in action but should also show the Purple Heart, the Good Conduct
Medal, and the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 and a letter, dated 7
March 2005, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
27 May 1952.  The application submitted in this case is dated 7 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 enlisted on 15 December 1948.  He served as a heavy
machine gunner in Korea and was honorably discharged on 27 May 1952.

4.  The applicant's DD Form 214 shows the Army of Occupation Medal with
Japan Clasp and the Korean Service Medal with three bronze service stars as
authorized awards.  Item 29 (Wounds Received as a Result of Action with
Enemy Forces) on his DD Form 214 shows he sustained fragment wounds to his
right arm on 23 March 1951.

5.  There are no orders for the Purple Heart in the available records.
However, the applicant's service personnel records contain a battle
casualty report which shows he was slightly wounded in action on 23 March
1951 in Korea.  The Office of The Surgeon General Hospital List shows he
was hospitalized on 23 March 1951 in Korea as a direct result of enemy
action.  The Korean War Casualty Roster also shows he was wounded in action
on 23 March 1951.
6.  There are no orders for the Good Conduct Medal in the available
records.  However, a Clearance Certificate shows the applicant was
favorably considered by his company commander for the Good Conduct Medal
and his character and efficiency ratings were excellent.

7.  Headquarters, 15th Regimental Combat Team Special Orders Number 252,
dated 21 November 1950, show the applicant received the Combat Infantryman
Badge.

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, and the medical treatment must have been made a matter of
official record.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.

10.  Army Regulation 600-8-22 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.

11.  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.

12.  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.
13.  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 battle casualty report and the medical evidence of record which
shows the applicant was wounded in action on 23 March 1951 in Korea are
accepted as sufficient evidence on which to base award of the Purple Heart.
 Therefore, the applicant is entitled to award of the Purple Heart and
correction of item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to
show award of the Purple Heart.

2.  There are no orders for the Good Conduct Medal in the applicant’s
service personnel records.  However, since his records show he was
favorably considered by his company commander for the Good Conduct Medal
and his character and efficiency ratings were excellent at the time of his
discharge, it appears he met the eligibility criteria for the first award
of the Good Conduct Medal based on completion of a period of qualifying
service of three years from 15 December 1948 through 14 December 1951.

3.  Orders show the applicant received the Combat Infantryman Badge.

4.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.

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

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 27 May 1952; therefore, the time for the
applicant to file a request for correction of any error expired on 26 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.
BOARD VOTE:

RD_____  _JG____  _SF_____  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.  awarding him the Purple Heart for wounds received in action on
23 March 1951 in Korea;

      b.  awarding him the first award of the Good Conduct Medal for the
period 15 December 1948 through 14 December 1951; and

      c.  amending his DD Form 214 to add award of the Purple Heart and the
Good Conduct Medal and to show that he was awarded the Combat Infantryman
Badge, the United Nations Service Medal, and the National Defense Service
Medal.




            ___Richard Dunbar_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003761                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0111                                |
|4.                      |107.0000                                |
|5.                      |                                        |
|6.                      |                                        |


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