RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050004973


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, that his records be corrected to
show award of the Purple Heart.

2.  The applicant states that he was wounded by a mortar shell in Korea in
1953 while serving with the 10th Combat Engineers and was treated at the
battalion aid station.  He closes by stating that his jeep was severely
damaged and they were close to the 38th parallel.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 June 1955, the date of his separation from active duty.  The
application submitted in this case is dated 17 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 service personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the Army Board for Correction of Military Records were
provided in part by the applicant and also obtained from alternate sources.
 The only record available to this Board is the applicant’s DD Form 214.

4.  The DD Form 214 issued to the applicant on the date of his discharge
shows that he enlisted on 21 July 1953.  On 14 June 1955, he was honorably
separated from active duty after serving 1 year, 10 months, and 24 days of
active service.  The Purple Heart is not listed as an authorized award in
block 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214.


5.  There are no orders in the applicant's records that show he was awarded
the Purple Heart.

6.  The applicant's name is not listed on the Korean War Casualty Roster
and there are no medical records available.

7.  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 required
treatment, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

8.  Paragraph 2-10 of the awards regulation contains guidance on the
National Defense Service Medal.  It states, in pertinent part, that it is
authorized for any period of honorable active duty service performed
between 27 June 1950 and   27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully
considered.  However, there is insufficient evidence to support this
contention.  By regulation, in order to award the Purple Heart it is
necessary to establish that a Soldier was wounded in action, that the wound
required treatment by a medical officer, and the treatment record must have
been made a matter of official record.

2.  Lacking any corroborating evidence of record showing that he was
treated for a wound/injury that was the direct result of or caused by enemy
action, the regulatory burden of proof necessary to support award of the
Purple Heart has not been satisfied in this case.  As a result, the
applicant's request for the Purple Heart must be denied.

3.  By regulation, the National Defense Service Medal is authorized to any
member for honorable active service for any period between 27 June 1950 and
27 July 1954.  Evidence confirms that the applicant entered active duty on
        21 July 1953, and that he served for 1 year, 10 months, and 24 days
until he was honorably separated on 14 June 1955.  Therefore, he is
entitled to award of the National Defense Service Medal and correction of
his record to show this award.



4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 June 1955.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 June 1958.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
request for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___lds___  ___rmn _  ___reb __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing he was awarded
the National Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Purple Heart.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |J20060112                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0069                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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