RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20050005354


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 combat-wounded be listed on his DD Form 214
(Report of Separation from the Armed-Forces of the United States).

2.  The applicant states, in effect, that he was wounded in Korea and does
not know why the information was left off his discharge document.  It was
not until he applied for service connected disability that he discovered
that the information was missing from block 29 of his DD Form 214.  The
applicant said that he requested his service records from St. Louis and was
informed that part of his records were burned in a fire.

3.  The applicant provides a copy of his DD Form 214 and his self-authored
statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1953, the date he was separated.  The
application submitted in this case is undated but, was received by this
office on 7 April 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 Army Board
for Correction of Military Records (ABCMR) 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 for the ABCMR to conduct a fair and impartial review of this
case.

4.  Records available to the Board show that the applicant enlisted into
the Army for 3 years and entered active duty on 22 September 1950.  He
served 1 year in Korea and was honorably discharged on 25 September 1953.

5.  The applicant’s DD Form 214 does not show award of the Purple Heart for
wounds sustained as a result of hostile action.  Item 29, “Wounds received
as a result of action with the enemy forces” is listed “None.”

6.  Army Regulation 635-5 (Personnel Separations) in effect at the time,
states that the purpose of the DD Form 214 is to provide the individual
with documentary evidence of active military service and to furnish a vital
record for interested government agencies which assist the individual in
obtaining the rights and benefits which may accrue to him as the result of
such service.  This regulation also instructions the preparer to enter
chronologically, in Item 29, each wound received during the period covered
by the DD Form 214 being prepared as the result of enemy action.  Show both
date and place of action if recorded on the records available at the time
of separation.  If the records are not available, the terminology “no
records available” will be entered.  The theatre of operations in which the
action occurred may be entered if exact location is not recorded.

DISCUSSION AND CONCLUSIONS:

1.  There is no indication that the applicant’s records were not available
at the time of his separation from the service.  The applicant’s records do
not show award of the Purple Heart for wounds sustained as a result of
hostile action.  There is no evidence in the available records and the
applicant did not submit evidence to show that he was combat-wounded while
assigned in Korea.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement1.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 September 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      24 September 1956.  The applicant did not 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

__SP  ___  __CD___  __KJ____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

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.




                                  _____Shirley Powell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005354                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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