RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 January 2006
      DOCKET NUMBER:  AR20050009330


      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:

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

2.  The applicant states, in effect, he was awarded the PH for wounds he
received from a sniper bullet on 21 August 1952, while serving in Korea,
and he would now like this award added to his separation document (DD Form
214).

3.  The applicant provides seven pages of medical treatment records in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 May 1953.  The application submitted in this case is
dated
24 May 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 DD Form 214 shows he entered active duty on 2 August
1951.  It also shows that during his active duty tenure, he earned the
Korean Service Medal with 3 bronze service stars, United Nations Service
Medal, Combat Infantry Badge, and 2 Overseas Bars.

4.  The applicant's record contains an Office of The Surgeon General (OTSG)
Hospital Admission Record for 1952.  This document confirms he was admitted
to a medical treatment facility in Korea on 21 August 1952.  It also shows
that he was treated for a thigh wound he received from a perforating
missile (gun shot), and that his wound was battle related.

5.  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.

6.  The applicant provides seven pages of medical treatment records which
show he was treated at the 25th Evacuation Hospital, Korea, for a wound he
received to the left thigh from a sniper bullet on 21 August 1952.

7.  The available records contain no indication that the applicant
committed any infractions that would have disqualified him from receiving
the Army Good Conduct Medal (AGCM), or that he was ever disqualified for
the award by any of his active duty unit commanders.

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.

9.  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.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is each 3 years completed on or after 27 August 1940, except in the
case of the first award, in which case a period of more than 1 year is a
qualifying period if it is awarded at the termination of a period of active
Federal Service.  Although there is no automatic entitlement to the AGCM,
disqualification must be justified.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the NDSM.  It states, in pertinent part, that it is
authorized for any period of active duty service performed between 27 June
1950 and 27 July 1954.

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 an OTSG Hospital Admission Record on
file that confirms the applicant was admitted to a medical treatment
facility in Korea on 21 August 1952, and that he was treated for a gunshot
wound to his left thigh that he received in combat action.  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.
 Therefore, it would be appropriate to award him the PH and to add this
award to his record and separation document.

3.  Lacking any derogatory information or a formal disqualification from
any of the active duty unit commanders for which the applicant served, it
is concluded that he is entitled to the AGCM for his three-year qualifying
period of active duty service from 2 August 1951 through 4 May 1953.
Therefore, it would be appropriate to award him the AGCM and to add it to
his record at this time.

4.  By regulation, the NDSM is authorized for active duty service performed
between 27 June 1950 and 27 July 1954.  Thus, it would also be appropriate
to add this award to the applicant’s record based on his active duty
service during this period.

BOARD VOTE:

___SLP__  __CAD  _  __KSJ___  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 him the Purple Heart for
being wounded in action in Korea on 21 August 1952; by awarding him the
Army Good Conduct
Medal, for his qualifying period of active duty service from 2 August 1951
through 4 May 1953; by showing that he is entitled to the National Defense
Service Medal; and by providing him a correction to his separation document
that includes these changes.




                            _____Shirley L. Powell______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050009330                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/05/04                              |
|DISCHARGE AUTHORITY     |AR615-363 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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