RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050007444


      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          |
|     |Ms. 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, the PH should be included in the list
of awards entered on his separation document (DD Form 214).

3.  The applicant provides a Report of Medical Examination (SF 88) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 June 1952.  The application submitted in this case is
dated
15 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 limitation 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 enlisted in the Army and entered
active duty on 6 December 1948.  It further shows that he served on active
duty for 3 years, 5 months and 17 days until being honorably separated on
18 June 1952.

5.  The applicant’s separation document also confirms he served overseas
for
1 year, 6 months and 14 days, and that he earned the following awards:
Korean Service Medal (KSM) with 5 bronze service stars and United Nations
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”; and the applicant
authenticated this document with his signature in Item 39 (Signature of
Person Being Separated).

7.  The applicant’s file includes an Office of The Surgeon General (OTSG)
Hospital Admission Report for 1950, which shows he was admitted to a
medical treatment facility in Korea on 15 November 1950.  This document
confirms he was treated for an arm wound that required the removal of a
foreign body, which he sustained in the normal performance of his duties.
The OTSG report categorized the applicant as a non-battle casualty.

8.  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.

9.  The applicant provides an SF 88 that documents his separation physical
examination of 17 June 1953.  In the clinical evaluation portion of this
form, there is a note explaining the “Abnormal” finding in Item 39
(Identifying Body Marks, Scars, Tattoos).  The note states the applicant
had a scar on his left arm that was caused by shrapnel in Korea.  There is
no indication that the scar or shrapnel wound were received as a result of
enemy action.

10.  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.

11.  Paragraph 5-10 of the awards regulation contains guidance on the
National Defense Service Medal.  It states, in pertinent part, that it was
awarded for honorable active duty service during the period between 27 June
1950 and
27 July 1954.

12.  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 and the supporting SF 88
he provided were carefully considered.  However, by regulation, in order to
award a PH, it is necessary to establish that the wound for which the award
is being made was received as a result of enemy action.

2.  The available evidence includes an OTSG Hospital Admission Record for
1950, that confirms the applicant was treated for an arm wound that
required the removal of a foreign body that he sustained in the normal
performance of his duties.  This report also confirms the wound was non-
battle related.

3.  The evidence also includes a DD Form 214 that contains the entry “None”
in Item 29, which indicates the applicant was never wounded in action.  The
applicant authenticated this document with his signature on the date of his
separation.  In effect, this was his verification that the information
contained on the separation document, to include the Item 29 entry, was
correct at the time the document was prepared and issued.  Finally, the
applicant’s name is not included on the Korean War Casualty Roster, the
official DA list of Korea battle casualties.

4.  The veracity of the applicant’s claim that he sustained an arm wound
while serving in Korea is not in question.  However, absent any evidence
corroborating that this wound was received as a result of enemy action, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 18 June
1952, 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
17 June 1955.  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.
6.  The evidence shows the applicant is entitled to the National Defense
Service Medal based on his honorable active duty service during a
qualifying period.  The omission of this award is an administrative matter
that does not require Board action to correct.  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 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

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.

3.  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 by showing his entitlement to the National Defense Service Medal;
and by providing him a correction to his separation document that includes
this award.




            ____John T. Meixell_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007444                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/06/18                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0061                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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