RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 November 2005
      DOCKET NUMBER:  AR20050006474


      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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he should have been awarded the
PH; however, the award was never added to his separation document (DD Form
214) and he never received the medal.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 February 1955.  The application submitted in this case
is dated
6 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 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 21 February
1952.  It also shows that during his active duty tenure, he earned the
Korean Service Medal with 3 bronze service stars, United Nations Service
Medal and National Defense Service Medal.  Item 29 (Wounds Received as a
Result of Action with Enemy Forces) contains the entry “None”.

5.  The applicant’s DD Form 214 confirms he was honorably separated on
19 February 1955, after completing 3 years, 11 months and 29 days of
creditable active military service.  The applicant authenticated the
separation document with his signature on the date of his separation.

6.  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 list of Korea casualties.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that the PH is awarded to
any member of an Armed Force who is wounded or killed in action.  A wound
is defined as an injury to any part of the body from an outside force or
agent sustained under conditions defined by this regulation.  In order to
support awarding a member the PH, it is necessary to establish that the
wound, for which the award is being made, required treatment by a medical
officer.  This treatment must be supported by records of medical treatment
for the wound or injury received in action, and must have been made a
matter of official record.

8.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible 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 KWSM 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 PH was carefully
considered.  However, by regulation, in order to award a PH, it is
necessary to establish that a member was wounded in action that the wound
required treatment by a medical officer and this treatment must have been
made a matter of official record.

2.  The PH is not included in the list of awards contained on the
applicant’s final 19 July 1952 DD Form 214.  He authenticated this document
with his signature on the date of his separation.  In effect, this was his
confirmation that the information contained on the separation document, to
include the list of awards, was correct at that time.  Finally, the
applicant’s name is not included on either Korean War Casualty Roster, the
official list of Korea battle casualties.

3.  The veracity of the applicant’s claim of entitlement to the PH is not
in question.  However, absent any evidence (medical treatment records, eye-
witness statements, or record entries) showing that he was ever wounded in
action, or that he was ever treated for a combat related wound or injury by
military medical personnel, the regulatory burden of proof necessary to
support award of the PH has not been satisfied in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1955.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 18 February 1958.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitation on request for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ JNS_ _  __PHM__  ___LJO _  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.




                                  _____John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006474                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1955/02/19                              |
|DISCHARGE AUTHORITY     |AR615 . . . . .                         |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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