RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 November 2005
      DOCKET NUMBER:  AR20050005208


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Larry J. Olson                |     |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, reconsideration of his request to be
awarded the Purple Heart (PH), and award of the Combat Medical Badge (CMB).


2.  The applicant states, in effect, that while serving in Korea, every
week he went to the front line and retrieved the wounded from foxholes
while under enemy fire.  He claims that he loaded the dead, walking
wounded, and litter cases on to his ambulance and returned to base where he
removed shrapnel bullets from the wounded, and the dead were carried to
graves registration.  He states that he has waited too long before
reporting that he did not receive these awards, but he did not realize he
did not receive the PH or CMB until he was asked to join a group of PH
recipients in a charity club.  He states that is when he discovered his
separation document (DD Form 214) did not include the PH and CMB.

3.  The applicant provides his DD Form 214 and an Army Board for Correction
of Military Records (ABCMR) Record of Proceedings in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004102955, on 28 October 2004.

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
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records that primarily consist of the
applicant’s DD Form 214.
4.  The applicant’s DD Form 214 shows he entered active duty on 3 August
1951.  It also shows that during his active duty tenure, he earned the
following awards:  Korean Service Medal with 3 bronze service stars; United
Nations Service Medal; National Defense Service Medal; Meritorious Unit
Citation; and Army Good Conduct Medal.

5.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “Not Applicable”.

6.  The applicant’s separation document also shows that he was honorably
separated on 2 August 1957, after completing a total of 7 years, 9 months
and
1 day of creditable active military service.  The applicant authenticated
the
DD Form 214 with his signature on the date he was separated.

7.  During the review of this case, a member of the Board staff reviewed
the Korean War Casualty Roster.  The applicant’s name was not included in
this Korea battle casualties.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in
pertinent part, that in order to support award of the PH, there must be
evidence confirming the wound/injury for which the award is being made was
the direct result of, or caused by enemy action, the wound or injury must
have required treatment by medical officials and this medical treatment
must have been made a matter of official Army records.

9.  Chapter 8 of the awards regulation contains guidance on Combat Badges.
Paragraph 8-7 contains guidance on award of the CMB.  It states, in
pertinent part, that the CMB is awarded to medical department personnel
(colonel and below) who are assigned or attached to a medical unit of
company or smaller size that is organic to an infantry unit of brigade,
regimental or smaller size which is engaged in active ground combat.
Battle participation credit is not sufficient; the infantry unit must have
been in contact with the enemy and the Soldier must have been personally
present and under fire during such ground combat.
DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, there must be
evidence confirming the wound/injury for which the award is being made was
incurred as a direct result of, or was caused by enemy action, there must
be evidence that the wound/injury was treated by military medical personnel
and this treatment must have been made a matter of official record.

2.  The applicant’s DD Form 214 does not include the PH in the list of
authorized awards and he authenticated this document with his signature.
His signature indicates he verified the information the separation document
contained, to include the list of authorized awards, was correct at the
time the DD Form 214 was prepared and issued.

3.  Further, the applicant’s name is not included in the Korean War
Casualty Roster, the official list of Korea battle casualties, and there
are no medical records indicating he ever received a combat related wound
or injury.

4.  Absent any evidence of record, or new independent evidence showing that
he was ever wounded in action, there is insufficient evidence to support
amending the original ABCMR decision on this issue.

5.  The applicant’s claim of entitlement to the CMB was also carefully
considered. However, by regulation, in order to support award of the CMB,
there must be evidence to confirm the member was assigned or attached by
appropriate orders to an infantry unit of brigade, regimental, or smaller
size, or to a medical unit of company or smaller size, organic to an
infantry unit of brigade or smaller size, during any period the infantry
unit is engaged in actual ground combat, and that they were personally
present and under fire during such ground combat.

6.  The evidence in this case does not show the applicant was assigned or
attached to, or was personally present and participated in active ground
combat with a qualifying infantry unit.   As a result, the regulatory
burden of proof necessary to support award of the CMB has not been
satisfied in this case.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 August 1957.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 1 August 1960.  He failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS _  ___PHM _  __JLO __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned to award the Combat Medical Badge, or
to amend the Purple Heart decision of the ABCMR set forth in Docket Number
AR2004102955, dated 28 October 2004.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned




                                  _____John N. Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005208                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1957/08/02                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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