RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050010560


      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, but it was not
included in the list of awards contained in his separation document
(DD Form 214), and he would like it added at this time.

3.  The applicant provides his DD Form 214 and a PH Certificate in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 April 1952.  The application submitted in this case is
dated
10 June 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 ca se 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 28 July
1948.  It also shows that during his active duty tenure, he earned the Army
of Occupation Medal with Japan Clasp, Presidential Unit Citation, Korean
Service Medal with 2 bronze service stars, and the United Nations Service
Medal.

4.  Item 29 (Wounds Received As A Result of Action With Enemy Forces) of
the applicant’s DD Form 214 contains the entry “30 Nov 50, Chosan
Reservoir, Korea”, which indicates he was wounded in action on 30 November
1950, while serving in Korea.

5.  The applicant's record contains an Office of The Surgeon General (OTSG)
Hospital Admission Record for 1950.  This document confirms he was admitted
to a medical treatment facility in Korea on 30 November 1950.  It also
shows that he was treated for a thigh wound from a penetrating missile (gun
shot) and that his wound was battle related.

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 30 November
1950.

7.  The applicant provides a copy of a PH Certificate, dated 11 June 1992,
which indicates he was awarded the PH, for wounds received in action on
30 November 1950, while serving at the Chosan Reservoir, Korea.

8.  The available evidence contains no indication that the applicant
committed any infractions that would have disqualified him from receiving
the Army Good Conduct Medal or that he was ever disqualified for the award
by any of his active duty unit commanders.

9.  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.

10.  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.

11.  Paragraph 2-10 of the awards regulation 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.  Chapter 4 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.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

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, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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, the applicant may apply to this Board to add this foreign award to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  The evidence of record confirms he was wounded in
action in Korea on 30 November 1950.  Item 29 of his DD Form 214 contains
an entry showing he was wounded in action in Korea.  An OTSG Hospital
Admission Record on file confirms he was admitted to a medical treatment
facility and Korea and treated for a combat related wound on 30 November
1950, and his name is included on the Korean War Casualty Roster, the
official list of Korea battle casualties.  As a result, it would be
appropriate to add the PH to the list of awards contained in Item 27 of his
DD Form 214.

2.  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 28 July 1948 through 27 July 1951.
Therefore, he should be awarded this award and it should be added to his
record at this time.

3.  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 30 November 1950; by awarding him the
Army Good Conduct Medal for his qualifying period of active duty service
from 28 July 1948 through 27 July 1951; by showing 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                 |AR20050010560                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1950/04/29                              |
|DISCHARGE AUTHORITY     |AR615-365 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | GRANT                                  |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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