RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050005370


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. 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, in effect, award of the Purple Heart.

2.  The applicant states, in effect, that he was treated in a field
hospital for an injury he received on 4 June 1953 while serving in the
Republic of Korea; however, there is no record of him being awarded the
Purple Heart.

3.  The applicant provides a statement from an Army veteran that he served
with in Korea, dated 30 August 2002; a VA Form 21-4138 (Department of
Veterans Affairs - Statement in Support of Claim), dated 19 June 2002;
Department of Veterans Affairs (VA) Rating Decision, dated 4 August 2003;
National Personnel Records Center letter, dated 11 February 2005; copies of
DA AGO Form 1 (Morning Report) for B Battery, 37th Field Artillery
Battalion, dated 6 April 1953, 20 April 1953, 26 May 1953, 4 June 1953, 8
June 1953, and 19 June 1953; and his DD Form 214 (Report of Separation from
the Armed Forces of the United States), with an effective date of 12
January 1954.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 January 1954; the date of his discharge from the Army.  The
application submitted in this case is dated 2 September 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records consist primarily
of the applicant's DD Form 214 and a few copies of his unit's Morning
Reports.

4.  The applicant's DD Form 214 shows that he entered active duty on
10 February 1951 and served overseas for 9 months and 12 days.  Available
records show he was assigned to Battery B, 37th Field Artillery Battalion,
while serving in Korea, and that he was honorably discharged on 12 January
1954 after serving on active duty a total of 2 years, 11 months, and 3
days.

5.  The applicant's DD Form 214 does not show the Purple Heart as an
authorized award in item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized).  Item 29 (Wounds
Received as a Result of Action with Enemy Forces) of his DD Form 214
contains the entry "NA".

6.  There are no orders or other evidence in the applicant's military
service records which show he was awarded the Purple Heart.  There are no
medical records which show that the applicant was wounded as a result of
hostile action. The applicant's name is not listed on the Korean War
Casualty Roster.

7.  The applicant states, in effect, that he was injured when a fellow
Soldier dropped a grenade, another Soldier went to pick it up, and it
exploded.  He adds that he and the other Soldier received medical treatment
at a field hospital and were then evacuated to a hospital in Japan;
however, the Purple Heart is not reflected on his DD Form 214.  The
applicant provides a statement from the other Soldier which states, in
effect, that the accident took place on 4 June 1953, when a mortar fuse
went off after he dropped it between his legs, and 7 Soldiers were wounded.
 The applicant also provides the statement he submitted in support of his
claim to the VA.  This statement shows that, while at battery headquarters,
a fellow Soldier found a North Korean detonator and was looking at it when
he dropped it, causing it to explode and injure several Soldiers, including
him.  In addition, the applicant provides a copy of his VA rating decision
which shows he received a service-connected disability rating for
degenerative joint disease in his left knee and for multiple scars to his
left lower extremity, effective 26 June 2002.

8.  The applicant also provides copies of the unit morning reports for
Battery B, 37th Field Artillery Battalion, which show that on 6 April 1953
he was released from the 2nd Replacement Company, assigned to B Battery,
37th Field Artillery Battalion, and subsequently awarded a primary military
occupational specialty of 1704 (Field Artillery).  On 4 June 1953, the unit
morning report shows, in pertinent part, the entry "3 EM dy to SW by
fragments of mortar fuse.  LD yes.  No Hospitalization Required"; reporting
the duty status change of the applicant and two other enlisted men (i.e.,
Soldiers) from duty to seriously wounded by fragments of a mortar fuse,
which was determined to be in the line of duty, and that no hospitalization
was required.  On 8 June 1953, the unit morning report shows, in pertinent
part, the entry "2 EM dy to TDY (R&R) Japan"; reporting the duty status
change of the applicant and two other Soldiers from duty to temporary duty
for rest and recreation in Japan.  On 19 June 1953, the unit morning report
shows, in pertinent part, the entry "2 EM TDY (R&R) Japan to dy"; reporting
the duty status change of the applicant and two other Soldiers from
temporary duty for rest and recreation in Japan to duty.
9.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal,
his records do not show any convictions by court-martial or contain any
adverse information.

11.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after
27 August 1940, for first award only, 1 year served entirely during the
period
7 December 1941 to 2 March 1946 and, for the first award only, upon
termination of service on or after 27 June 1950 of less than 3 years but
more than 1 year.  At the time, a Soldier's conduct and efficiency ratings
must have been rated as "excellent" for the entire period of qualifying
service and there must have been no convictions by court-martial.

12.  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 U.S. veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

13.  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.

14.  Army Regulation 600-8-22 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.  This
document also provides examples of injuries or wounds which clearly do not
qualify for award of the Purple Heart and offers, in pertinent part, the
following:  "accidents, to include explosive, aircraft, vehicular, and
other accidental wounding not related to or caused by enemy action".

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for an injury he sustained and was treated for while serving in Korea on 4
June 1953 and he provides written statements, a VA service-connected rating
decision, and unit Morning Reports in support of his claim.

2.  The evidence of record shows that the applicant sustained an injury to
his left leg on 4 June 1953, which required medical treatment, and the
medical treatment was made a matter of official record.  However, the
evidence of record also shows that the injury occurred when a fellow
Soldier accidentally dropped an explosive device and it detonated.  There
is no evidence the incident or resultant injury to the applicant was the
result of hostile action.  Therefore, the applicant is not entitled to
award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 10 February 1951 through 12 January 1954 based on completion
of a period of qualifying service ending with the termination of a period
of Federal military service.  Therefore, he is entitled to correction of
his records to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
11 January 1957.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP __  __CAD __  __KSJ __  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:

      a.  awarding the applicant the Good Conduct Medal for the period
10 February 1951 through 12 January 1954; and

      b.  correcting his DD Form 214 by adding the Good Conduct 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
award of the Purple Heart.




                            ___SHIRLEY L. POWELL___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005370                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19540112                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]