RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050007555


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge), with an effective date
of separation of 31 January 1954, to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart, but it was left
off of his discharge papers.

3.  The applicant provides a copy of his DD Form 214, dated 31 January
1954; and a copy of a 4x6 photograph, dated 11 July 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1954, the date of his separation from active
duty.  The application submitted in this case is dated 2 March 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.  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
that the applicant submitted for the Board to conduct a fair and impartial
review of this case.

4.  The applicant's DD Form 214 with a separation date of 31 January 1954
shows that he was inducted into the U.S. Army and entered active duty on 22
July 1952.  The applicant was awarded a military occupational specialty
(MOS) 1740 (Radio Operator).  This form also shows that he was assigned to
the
3rd Battalion of the 65th Infantry Regiment, while he served in Korea from
17 January 1953 through 31 July 1953.

5.  The applicant was honorably separated due to a physical disability on
31 January 1954.

6.  Item 29 (Decorations and Citations) of the applicant's DD Form 214
shows he was awarded the Korean Service Medal with one bronze service star
and the United Nations Service Medal.

7.  Item 30 (Wounds Received in Action) of the applicant's DD Form 214,
dated 31 January 1954, shows that the applicant was wounded in action on 14
June 1953, at "Kumhwa."

8.  There are no general orders in the applicant's military service
records, which show that he was awarded the Purple Heart.  However, the
applicant's records contain an AGO Form 0708, (Record of Award of
Decoration).  This document shows he was wounded in action on 14 June 1953,
near Chorwon, Korea, and he was awarded the Purple Heart.

9.  The applicant's DA AGO Form 20 (Qualification Record-Enlisted
Personnel) shows in item 39 (Qualification in Arms) that the applicant was
authorized
Award of the Sharpshooter Qualification Badge with Rifle Bar for qualifying
with the M-1 Rifle.  This award is not shown on his DD Form 214.

10.  The applicant submitted a 4x6 photograph which shows him wearing a
medal and shaking hands with a U.S. Army colonel.  Also written on the back
of the photo is the applicant's name and service number with a brief
written statement.  The written statement credits the U.S. Army Soldier
with taking the picture.  It also states that the applicant is a patient at
Tokyo Army Hospital and was awarded the Purple Heart.

11.  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, and the medical treatment must have been made a matter of
official record.  There is no statute of limitations governing requests for
award of the Purple Heart.

12.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

13.  The applicant's records show that he was awarded the Korean Service
Medal with one bronze service star, which indicates credit for only one
campaign.

14.  Department of the Army Pamphlet 672-1, (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, campaign credit during the Korean War.  This document shows
Headquarters Company 3rd Battalion of the 65th Infantry Regiment,
participated in two campaigns, the Third Korean Winter and the Korea Summer
1953.  Therefore, his record shows he is entitled to show his participation
in one additional campaign

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

16.  Department of the Army Pamphlet 672-1 also lists the foreign unit
awards awarded to units which served in the Korean War.  The applicant was
also cited for award of the Republic of Korea Presidential Unit Citation
based on Department of the Army General Orders Number 29, dated 1954, and
the Bravery Gold Medal of Greece, Department of the Army General Orders
Number 2, 1956.

17.  Army Regulation 600-8-22 provides, in pertinent part, 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.

18.  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 U.S. 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 ABCMR to add this foreign award to
his DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart
for injuries received during the Korean War.

2.  The applicant's DD Form 214 shows that he was assigned to the 3rd
Battalion of the 65th Infantry Regiment, while he served in Korea from 7
January 1953 through 31 July 1953.  Item 29 of his DD Form 214, shows that
he was wounded as a result of action with enemy forces on 14 June 1953.

3.  The applicant's record also contains AGO Form 0709.  This form shows he
was awarded the Purple Heart at 8059th Tokyo Army Hospital, by General
Orders Number 62, dated 20 June 1953, for being wounded in action near
Chorwon, Korea on 14 June 1953.

4.  Based on the foregoing, item 27 (Decorations, Medals Badges,
Commendations, Citations and Campaign Ribbons) of the applicant's DD Form
214, should be corrected to show award of the Purple Heart for wounds
sustained on 14 June 1953 in Korea.

5.  Records show the applicant participated in three campaigns during his
service in the Korean War.  Therefore, he is entitled to award of one
additional bronze service star to be worn on the Korean Service Medal.
Therefore, his records should be corrected to show award of the Korean
Service Medal with two bronze service stars.

6.  Records show that the applicant was authorized award of the
Sharpshooter Qualification Badge with Rifle Bar for qualifying with the M-
1, Rifle.  Therefore, the applicant is entitled to correction of his DD
Form 214 to show this badge.

7.  General Orders awarded the applicant the Republic of Korea Presidential
Unit Citation.  Therefore, the applicant is entitled to have his records
corrected to show this foreign unit award.

8.  General Orders awarded the applicant the Bravery Gold Medal of Greece.
Therefore, the applicant is entitled to have his records corrected to show
this foreign unit award.

9.  Evidence of record shows the applicant served a qualifying period of
service for award of the National Defense Service Medal.  Therefore, the
applicant is entitled to have his records corrected to show award of the
National Defense Service Medal.
10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 January 1957.  Although the applicant did not file within the 3-year
statute of limitations, it would be appropriate to waive failure to timely
file based on the relief being granted in this case.

BOARD VOTE:

_CD____  __KSS__  __SLP___  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 full relief.  As a result, the Board recommends that
all Department of the Army records of the individual concerned be corrected
by showing he was awarded the Purple Heart; the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar; the Korean Service Medal with two
bronze service stars; the Republic of Korea Presidential Unit Citation; the
Bravery Gold Medal of Greece; and the National Defense Service Medal.





            __Shirley L. Powell___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007555                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/01/31                              |
|DISCHARGE AUTHORITY     |AR 600-450                              |
|DISCHARGE REASON        |PDRL/RETIRMENT                          |
|BOARD DECISION          |GRANT-PLUS                              |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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