RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JANUARY 2006
      DOCKET NUMBER:  AR20050006534


      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:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 award of the Purple Heart.

2.  The applicant states that he was wounded in action in September 1951
while serving in South Korea.  He explained, in effect, that while
returning to the base after a reconnaissance mission for the 27th Infantry
there was a mortar or artillery explosion.  The shrapnel from the explosion
hit him in the left boot heel and caused the heel of his boot to be knocked
off.  The applicant stated that he thought he had lost his leg but, the
impact only caused severe swelling of his leg and foot.  He said that one
of the sergeants had to cut-off his left boot and trouser leg.  The
sergeant and a couple of guys took him to the field hospital but, the
hospital had moved out so they returned to the base camp.  At the base
camp, shrapnel was scraped from the wound, the wound cleaned, and wrapped.

3.  Shortly after their return to the camp, they were given instructions to
move out and he was left all alone to guard the equipment.  The applicant
said he was told that there would be replacements coming from Pusan.  He
said that it was days before anyone came from Pusan.  The one person that
did come, was amazed that the applicant was left alone.  The replacement
told the applicant that his (applicant) foot and leg were black and swollen
up to his hip.  The applicant said that once he departed the base camp and
arrived at Camp Drake, Japan, there were no records on him and his
origination was unknown.  The applicant said when he finally returned to
his unit, the guys were surprised that he made it.

4.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) and a three page self-authored
statement.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  Records available to the Board show that the applicant enlisted into
the Army for 3 years and entered active duty on 24 August 1948.  He served
11 months and 4 days in Korea and was honorably discharged on 25 August
1951.  The applicant’s DD Form 214 lists his most significant duty
assignment as Battery A, 25th Anti-Aircraft Artillery (AW), Battalion.
3.  The Congressional and Special Actions Branch of the Army Board of
Corrections of Military Records (ABCMR) reviewed the historical files of
Battery A, 25th Anti-Aircraft Artillery (AW), 25th Infantry Division, at
the National Archives, College Park, Maryland.  The review failed to show
the applicant’s entitlement to the award of the Purple Heart.

4.  There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.

5.  Army Regulation 600-8-22 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.  The applicant's DD Form
214 does not list award of the National Defense Service Medal or the United
Nations Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and
11 September 2001 to a date to be determined.

8.  This same regulation provides for award of the United Nations Service
Medal. In pertinent part, the regulation states that the period of
eligibility for the United Nations Medal was between 27 June 1950 and
27 July 1954.  The regulation provides that this service medal was awarded
to members of the Armed Forces of the United States dispatched to Korea or
adjacent areas on behalf of the United Nations.

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

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the applicant was
wounded or treated for wounds as a result of hostile action during his
service in the Korean War.  The applicant also states that he did not
receive any medical treatment in his self authored-statement, when he
admits that the field hospital had moved out so “they returned to base
camp.”  Additionally, a review of the historical files of Battery A, 25th
Anti-Aircraft Artillery (AW), 25th Infantry Division failed to show the
applicant’s entitlement to the award of the Purple Heart.  In the absence
of medical records supporting the applicant's contention, there is an
insufficient basis for award of the Purple Heart in this case.

2.  Evidence of record shows that the applicant is entitled to the National
Defense Service Medal and the United Nations Service Medal.  Therefore, he
is entitled to correction of his records to show these awards.

3.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JI ____  __WC ___  ___GP __  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the National Defense Service Medal and the
United Nations Service Medal.




                                  ______John Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006534                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|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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