RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050007260


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, he was awarded the PH and he needs his
military records to reflect this award.

3.  The applicant provides a copy of his separation document (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 1 October 1953.  The application submitted in this case is
dated
26 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 (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  This
case is being considered using the applicant’s DD Form 214.

4.  The applicant’s DD Form 214 shows he was inducted into the Army and
entered active duty on 25 January 1952.  It further shows that he served on
active duty for 1 year, 8 months, and 7 days until being honorably
separated on
1 October 1953.

5.  The applicant’s separation document also confirms he served overseas
for
1 year, 1 month, and 12 days, and that he earned the following awards:
Combat Infantryman Badge (CIB), Korean Service Medal (KSM) with 2 bronze
service stars, United Nations Service Medal, and National Defense Service
Medal.  The PH is not included in the list of authorized awards contained
on the DD Form 214.
6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “None”.

7.  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 Department of the Army (DA) list of Korean War Casualties.

8.  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.

9.  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.  Responsibility for distribution of the KWSM was given to the
Department of the Air Force.  An application should be submitted, with a
copy of a 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, application may be made to this Board to add
this 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 available evidence includes a DD Form 214 that contains an entry
showing the applicant was never wounded in action.  Further, the PH is not
included in the list of authorized awards contained on this separation
document; and his name is not included in the Korean War Casualty Roster,
the official
DA list of Korea battle casualties.  Therefore, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.
3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1953, the date of his
separation from active duty.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 30 September 1956.
However, he failed to 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

___JTM _  ___ML __  ___RGS _  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 T. Meixell_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007260                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/10/01                              |
|DISCHARGE AUTHORITY     |AR 615-363                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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