RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050003819


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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, in effect, that he wants his service record
corrected to show he is entitled to award of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), WD AGO Form 305 (Miscellaneous
Report Form), WD AGO Form 5 (Daily Sick Report), extracts of Morning
Reports, and 4th Field Hospital Transfer Orders and Admission and
Disposition Sheets.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 May 1953, the date of his discharge from the U.S. Army.  The
application submitted in this case is dated 2 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 records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records consist primarily
of the applicant's DD Form 214, DD Form 303A (Discharge Certificate), and
copies of extracts from his unit's records.

4.  Applicant's DD Form 214 shows that he entered active duty on 12 May
1950 and served overseas for 1 year, 3 months, and 5 days.  Available
records show that he was assigned to Company A, 5th Infantry Regiment while
in Korea.  He was honorably discharged on 26 May 1953.

5.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  There are no medical records which show that
the applicant was wounded as a result of hostile action or treated for
frostbite.

6.  The applicant's name is not listed on the Korean War Casualty Roster.
7.  The applicant's DD Form 214 does not show the Purple Heart as an
authorized award in item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized).  Item 29 (Wounds
Received as a Result of Action with Enemy Forces) of his DD Form 214
contains the entry "None."

8.  The applicant's records contain extracts of documents from unit
records.  An extract of 4th Field Hospital [Korea], Hospital Transfer Order
Number 37, dated
6 February 1951, shows the applicant was assigned to the Patient Section
Medical Holding Detachment, effective 6 February 1951.  An extract (page 3)
of the hospital's Admissions and Disposition (A&D) Sheet, dated 6 February
1951, shows that the applicant was admitted from the Dispensary and the
reason as "Frostbite, feet; Inj".  An extract (page 8) of the same A&D
Sheet shows the applicant was subsequently transferred to 8th Army Medical
Facilities in Japan, also showing the reason as "Frostbite, feet; Inj".

9.  The applicant states, in effect, that he received the Purple Heart on
6 February 1951, while hospitalized in Japan, after being evacuated from
Korea for treatment of frostbite, but the Purple Heart is not reflected on
his DD Form 214.  The applicant submitted copies of the extracts of the
unit records, which are also contained in his records.

10.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.  Item 27 of the
applicant's DD Form 214 shows that he was awarded the Combat Infantryman
Badge and Korean Service Medal.

11.  Paragraph 9-12 of Army Regulation 600-8-22 (Military Awards) contains
guidance on the United Nations Service Medal.  It states, in pertinent
part, that members who were dispatched to Korea or adjacent areas for
service on behalf of the United Nations in the action in Korea are eligible
for the award.  It further specifies that personnel awarded the Korean
Service Medal automatically establish eligibility for the United Nations
Service Medal.

12.  Army Regulation 600-8-22, Appendix B (Campaigns, Service Requirements,
and Inscriptions Prescribed for Streamers) lists campaigns during the
Korean War.  This document shows that, at the time of the applicant's
assignment to the
5th Infantry Regiment, it participated in the CCF Intervention and First UN
Counteroffensive; a total of two campaigns.


13.  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, and 2 August 1990 through 30 November 1995.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows the unit, to which the applicant was
assigned, was cited for award of the Republic of Korea Presidential Unit
Citation for actions during the period 31 July 1950 to 27 July 1953 by
Department of the Army, General Orders Number 49, dated 1954.

15.  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.

16.  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.

17.  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.  The
Purple Heart was authorized for award to Soldiers who sustained severe
frostbite, until 3 August 1951.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for frostbite of the feet, an injury he sustained and was treated for while
serving in Korea in February 1951.

2.  Copies of extracts of the applicant's unit records show that he was
admitted to the hospital for frostbite of the feet on 6 February 1951.
Based on this injury, he was medically evacuated out of the theater of
operations to Japan for further treatment, which supports the fact that the
applicant had sustained a severe case of frostbite of the feet.

3.  The preponderance of evidence in this case shows that the applicant did
sustain injuries (i.e., frostbite of the feet) as a result of hostile
action, which required treatment, and the medical treatment was made a
matter of official record.  Therefore, the applicant is entitled to
correction of his DD Form 214 to show award of the Purple Heart.

4.  The applicant's DD Form 214 shows award of the Korean Service Medal;
however, it does not show award of the United Nations Service Medal.  In
accordance with Army regulation, he is entitled to the award of the United
Nations Service Medal based on award of the Korean Service Medal.
Therefore, his records should be corrected to show award of the United
Nations Service Medal.

5.  Records show 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.

6.  The applicant's DD Form 214 shows he served a qualifying period for
award of the National Defense Service Medal.  Therefore, he is entitled to
have his records corrected to show award of the National Defense Service
Medal.

7.  General Orders awarded the applicant the Republic of Korea Presidential
Unit Citation.  Therefore, it would be appropriate to correct his records
to show this unit award.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 August 1969, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 7 August 1972.  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:

___MHM_  __JTM__   __JBG__  GRANT FULL 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 to show award of the Purple Heart, the
Korean Service Medal with two bronze service stars, the United Nations
Service Medal, and the Republic of Korea Presidential Unit Citation.




                            _____Melvin H. Meyer______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003819                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19530526                                |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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