RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050006344


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 records to show award of the
Purple Heart.

2.  The applicant states that the Purple Heart he earned during his service
in Korea is not shown on his DD Form 214 (Report of Separation from the
Armed Forces of the United States).  He further states that he received a
fragment wound to his nose on Hill 159 in Korea on 2 February 1952 and was
never awarded a Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and excerpts from his
medical records in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 12 September 1952.  The applicant submitted 2 DD Forms 149
dated 18 April 2005 and 23 May 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 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 military personnel records were lost or destroyed in that fire.
 However, medical records once maintained by the Department of Veterans
Affairs are the only records in his military personnel file.  This case is
being considered using reconstructed records that primarily consist of the
applicant’s DD Form 214, and additional medical records provided by the
applicant.





4.  The applicant’s record shows he entered active duty on 15 November
1950.  He was trained and awarded the military occupational specialty 4745
(Light Weapons Infantryman) and the highest rank he obtained while serving
on active duty was corporal.

5.  The applicant’s DD Form 214 shows that he was assigned to Company L,
15th Infantry Regiment during his tenure on active duty.  Item 27
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) shows the applicant was awarded the Korea Service
Medal with two bronze service stars, the United Nations Service Medal, and
the Combat Infantryman Badge.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
contains the entry “Frag [Fragment] Wound Nose-Korea Hill 159, 2 Feb 1952.”
The applicant authenticated his discharge document in item 48 (Signature of
Person Being Separated).

7.  The applicant’s military records contain medical treatment records;
however, treatment records for the injury noted on his DD Form 214 was not
included in the available records.

8.  The applicant provided an excerpt of his treatment record from the
3rd Battalion Aid Station which confirms that he was WIA-Wounded in Action
near Kojanhi-Ri North Korea on 2 February 1952.  His diagnosis is shown as
laceration to right side of nose due to enemy mortar fire.  This record
also shows the applicant was assigned to the 15th Infantry Regiment at the
time of his injury.

9.  Army Regulation 800-8-22 (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.

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





11.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible US veterans of the
Korean War, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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.  Once the Korean War Service Medal has been authorized by the
Department of the Air Force, the applicant may apply to this Board to add
this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered and found to have merit.  By regulation, in order to award a
Purple Heart, it is necessary to establish that the wound required
treatment by a medical officer and this treatment must have been made a
matter of official record.

2.  The evidence of record includes an entry on the applicant’s DD Form 214
which shows the applicant received a fragment wound to his nose on Korea
Hill 159 on 2 February 1952.  The applicant’s injury is further
corroborated by the medical record he provided which shows he was injured
and treated at the Battalion Aid Station for his wound.  Therefore, he is
entitled to have his records corrected to show award of the Purple Heart.

3.  The applicant served a qualifying period of service for award of the
National Defense Service Medal.  Therefore, his records should be corrected
to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 September 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      11 September 1955.  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:

__TSK __  __RLD __  __JBM __  GRANT FULL 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 awarding him the Purple Heart for
wounds received in action on 2 February 1952 and awarding him the National
Defense Service Medal.


                            ____ Ted S. Kanamine_ ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006344                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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