RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         22 December 2005
      DOCKET NUMBER:  AR20050007486


      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. 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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, the gun shot wound he received while
in Chosin, Korea is listed on his DD Form 214; however, the PH was not
included in the list of awards on the separation document.  He states, he
believes his award of the PH was overlooked during his separation
processing.  He further states he believes he is entitled to the PH for
being wounded in combat and his records should be corrected to reflect this
fact.

3.  The applicant provides a copy of his separation document (DD Form 214)
and a Veterans Service Office Letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 April 1952.  The application submitted in this case is
dated
16 December 2004.

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 DD Form 214 shows he entered active duty on 27 February
1950.  It also shows that during his active duty tenure, he earned the
Combat Infantryman Badge, Korean Service Medal with 1 bronze service star,
and the Army Occupation Medal with Japan Clasp.

4.  Item 29 (Wounds Received As A Result of Action With Enemy Forces)
contains the entry “gun shot wound left thigh Chosin, Korea 1 Dec 50" and
"frost bite hands and feet Chosin, Korea 1 Dec 50”.

5.  The applicant's record contains two OTSG Hospital Admission Records for
1950.  These documents confirm the applicant was admitted to a medical
treatment facility in Korea on 2 December 1950, and that he was treated for
a thigh wound from a penetrating missile (gun shot) and for frostbite to
his toes.  The OTSG reports confirm the wounds were battle related and that
the applicant was hospitalized for 70-79 days.

6.  During the review of this case, a member of the Board staff reviewed
the Korean War Casualty Roster.  This search revealed an entry on the
applicant that confirms he was wounded in action in Korea on 1 December
1950.

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 PH is
authorized for the first wound suffered under conditions indicated above,
but for each subsequent award an Oak Leaf Cluster will be awarded to be
worn on the medal or ribbon.  Not more than one award will be made for more
than one wound or injury received at the same instant or from the same
missile, force, explosion, or agent.

8.  The awards regulation defines a wound 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.  Army Regulation 600-45 (Decorations), which governed the award of Army
decorations until 23 August 1951, stated that for the purpose of
considering an award of the Purple Heart, a “wound” is defined as an injury
to any part of the body from an outside force, element, or agent sustained
while in action in the face of the armed enemy or as a result of a hostile
act of such enemy.  An “element” pertains to weather and the award of this
decoration to personnel who were severely frostbitten while actually
engaged in combat is authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to support award of the
PH, there must be evidence to show a member was wounded in action, was
treated for the wound and a record of this treatment must have been made a
matter of official record.

2.  The evidence of record includes a DD Form 214 entry that confirms the
applicant received a gunshot wound and frostbite cold weather injury as a
result of enemy action in Korea on 1 December 1950.  OTSG Hospital
Admission Records confirm the applicant was admitted to a medical treatment
facility in Korea on 2 December 1950, and that he was treated for these
combat related wounds.  His name is also included on the Korean War
Casualty Roster, the official list of Korea battle casualties.  In view of
this evidence, the regulatory burden of proof necessary to support award of
the PH has been satisfied in this case and it would be appropriate to award
him the PH with 1st Oak Leaf Cluster.

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 the applicant the Purple
Heart with
1st Oak Leaf Cluster for being wounded in action in Korea twice on
1 December 1950; and by providing him a correction to his separation
document that includes this change.




                            _____Ted S. Kanamine____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007486                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/04/11                              |
|DISCHARGE AUTHORITY     |AR615-368 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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