RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050004220


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. 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 that the Purple Heart be listed on his DD Form
214 (Report of Separation).

2.  The applicant states, in effect, that the award was authorized, but it
was left off his DD Form 214.

3.  The applicant provides copies of a 6 October 1951 Field Medical Record
and a 7 October 1951 Abbreviated Clinical Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 August 1952, the date of his separation from active duty.
The application submitted in this case is dated 8 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 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 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
are were sufficient documents, consisting of service medical records and
the DD Form 214, for the Board to conduct a fair and impartial review of
this case.

4.  The applicant, an Army National Guardsman, entered active duty on
16 January 1951 as a private E-2.

5.  The Field Medical Record shows he was treated and evacuated to the
Swedish Red Cross Hospital for a penetrating shell fragment wound to the
left shoulder and arm that was incurred in combat on 6 October 1951.  A 15
October 1951 entry notes that the applicant was awarded the Purple Heart by
General Order 184 of Headquarters, Army Unit 8211th Medical Administration
Detachment.  The applicant was returned to duty on 16 October 1951.

6.  A 7 October 1951 abbreviated Clinical Record shows the applicant’s unit
as I Company, 9th Infantry Regiment  and states that he was wounded by an
enemy grenade.

7.  He was separated with an honorable characterization of service on 17
August 1952 as a sergeant first class.  His DD Form 214 lists his
authorized awards as the Korean Service Medal with two bronze service
stars, the Combat Infantryman Badge and the United Nations Service Medal.
It also shows the 6 October 1951 wound and indicates that he served
overseas for 11 months and 21 days and that he had no lost time.

8.  Army Regulation 600-8-22, chapter 4 provides that the Good Conduct
Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  A record of punishment is not automatically
disqualifying.  At that time, a single conduct or efficiency rating of less
than excellent was disqualifying; although, a “Good” academic mark in a
service school was not disqualifying.

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.

10.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit
Register) shows that, for service that included the applicant's tenure with
I Company, the 3rd Battalion, 9th Infantry Regiment was awarded the
Republic of Korea Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart by General Order 184.

2.  He is authorized the National Defense Service Medal.

3.  The applicant's unit was authorized the Republic of Korea Presidential
Unit Citation.

4.  Notwithstanding the incomplete records, the applicant's combat service
and his promotions from private (E-2) to sergeant first class (E-6) in less
than 2 years is sufficient as a basis to conclude that he distinguished
himself by his conduct, efficiency and fidelity during a qualifying period
of active duty enlisted service.  He should be awarded the Good Conduct
Medal and the above listed awards should be shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  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 by:

      a.  awarding him the Good Conduct Medal for the period 16 January 1951
to 17 August 1952; and


      b. by showing that, in addition to the awards currently listed on his
DD Form 214, his awards also include the Purple Heart, the Good Conduct
Medal, the National Defense Service Medal and the Republic of Korea
Presidential Unit Citation.




                            _      Richard T. Dunbar_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004220                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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