RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 December 2005
      DOCKET NUMBER:  AR20050005010


      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. John Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael Flynn                 |     |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.

2.  The applicant states, in effect, he was shot on 30 May 1951 on "Pork
Chop Hill" in Korea.  He contends that he receives Department of Veterans
Affairs compensation and was medically retired for the residuals of a
gunshot wound.

3.  The applicant provides a copy of his DD Form 214 and a service medical
record, dated 7 June 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1953.  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 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’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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 17 November 1950.  He served in Korea and
was honorably discharged on 28 February 1953 by reason of permanent
physical disability.

5.  The applicant's DD Form 214 shows the United Nations Service Medal and
the Korean Service Medal with one bronze service star as authorized awards.
 Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the
applicant's DD Form 214 shows he was wounded on 30 May 1951 in North Korea.

6.  A WD AGO Form 8-33 (Clinical Record Brief), dated 7 June 1951, shows
the applicant was wounded in action on 30 May 1951 in Korea when he was
struck by enemy small arms fire in the right forearm.

7.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized on 30 May 1951 in Korea for a wound to his forearm as a direct
result of enemy action.

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 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.

10.  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.

11.  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 medical evidence of record which shows the applicant was wounded in
action on 30 May 1951 in Korea is 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.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 28 February 1953; therefore, the time for the
applicant to file a request for correction of any error expired on 27
February 1956.  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:

JS_____  _LH_____  _MF_____  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
30 May 1951 in Korea; and





      b.  amending item 27 on his DD Form 214 to add award of the Purple
Heart and to show that he was awarded the National Defense Service Medal.





            ____John Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005010                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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