RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            02 MAY 2006
      DOCKET NUMBER:   AR20050011347


      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. Andrew C. Jacobs              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Sherry Stone                  |     |Member               |
|     |Mr. Randolph Fleming              |     |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 that his military records be corrected to show
the award of the Purple Heart.

2.  The applicant essentially states that he is entitled to award of the
Purple Heart for wounds he received on 10 February 1951 during the Korean
War.

3.  The applicant provides an extract of the Korean War Casualty File in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 August 1952, the date of his separation from active duty.  The
application submitted in this case is dated 29 July 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 military records are not available for review.  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 remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant’s DD Form 214 (Record of Separation from the Armed Forces
of the United States) shows that the applicant entered the United States
Army on 26 July 1950.  He was awarded the United Nations Service Medal, the
Army of Occupation Medal with Japan Clasp, and the Korean Service Ribbon
(which doesn’t exist, and will be covered later in these proceedings).  He
was honorably discharged on 7 August 1952.



5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show the applicant was awarded the Purple Heart, and Item 29 (Wounds
Received as a Result of Action with Enemy Forces) of the applicant’s
DD Form 214 has an entry of “None”.  However, the Korean War Casualty File
clearly shows that the applicant was seriously wounded in action by a
missile on 10 February 1951.

6.  Review of the applicant’s records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

7.  The applicant’s DD Form 214 does not reflect award of the National
Defense Service Medal.

8.  The applicant’s DD Form 214 does not reflect award of the Republic of
Korea - Korean War Service Medal, which the Department of Defense approved
acceptance and wear of this foreign service award on 20 August 1999.

9.  Item 27 of the applicant’s DD Form 214 shows the award of the Korean
Service Ribbon.  This ribbon does not exist.

10.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22, paragraph 2-10 states, in pertinent part,
that the National Defense Service Medal is awarded for honorable active
service for any period between 27 June 1950 and 27 July 1954, both dates
inclusive.

12.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within
the territorial limits of Korea, in the waters immediately adjacent
thereto, or in aerial flight over Korea participating in actual combat
operations or in support of combat operations.

13.  Army Regulation 600-8-22, paragraph 5-8 states, in pertinent part,
that the Korean Service Medal is awarded for service in Korea between 27
June 1950 and 27 July 1954, and that a member must be on permanent
assignment or on temporary duty for 30 consecutive days or 60
nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The available evidence of record confirms that the applicant was
wounded in Korea on 10 February 1951 as a result of hostile action, and
that the medical treatment he received for his wounds was made a matter of
record.  Therefore, it would be in the interest of justice to award him the
Purple Heart, and to correct his military records to show the award of the
Purple Heart.

3.  The applicant honorably served on active duty during a qualifying
period of service for award of the National Defense Service Medal;
therefore, he is entitled to award of the National Defense Service Medal,
and correction of his military records to show this award.

4.  Evidence of record shows that the applicant served in the Republic of
Korea during the period of eligibility for award of the Korean War Service
Medal; therefore, he is entitled to award of the Korean War Service Medal,
and correction of his military records to show this award.

5.  Evidence of record shows that the applicant served in the Republic of
Korea during the period of eligibility for award of the Korean Service
Medal, and that his DD Form 214 incorrectly shows the award of a Korean
Service Ribbon which does not exist.  Therefore, he is entitled to award of
the Korean Service Medal, and correction of his military records to show
this award in lieu of the Korean Service Ribbon currently shown on his DD
Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 February 1952, the date of his
separation from the Army.  As a result, the time for him to file a request
for correction of any error or injustice expired on 28 February 1955.
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there are no time limitations on requests for award of the Purple
Heart and the relief being granted in this case.

BOARD VOTE:

____WP_  ___SS __  ___RF  __  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
wounds received in action against the enemy in Korea on 10 February 1951;
by awarding him the National Defense Service Medal; by awarding him the
Republic of Korea - Korean War Service Medal; and by awarding him the
Korean Service Medal and correcting his DD Form 214 to reflect the Korean
Service Medal in lieu of the Korean Service Ribbon that is currently shown
on his DD Form 214.




                       ______William Powers________________
                                 CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050011347                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060502                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19520807                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0069.0000                           |
|3.                      |107.0000.0000 (KWSM)                    |
|4.                      |107.0070.0000                           |
|5.                      |110.0400.0000                           |
|6.                      |                                        |


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