RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         11 July 2006
      DOCKET NUMBER:  AR20050015797


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 wounded in action in the North
Korea Sector of Korea on 10 July 1952; however, he did not receive the PH.


3.  The applicant provides a copy of his separation document in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 October 1952, the date of his separation from active
duty.  The application submitted in this case is dated 15 October 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 to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  This
case is being considered using the applicant’s DD Form 214.

4.  The applicant’s DD Form 214 shows he entered active duty on 24 January
1951.  It further shows that he earned the following awards during his
active duty tenure:  Army of Occupation Medal with Japan Clasp, Korean
Service Medal (KSM) with 1 bronze service star, United Nations Service
Medal, and Combat Infantryman Badge (CIB).  Item 29 (Wounds Received as a
Result of Action with Enemy Forces) contains the entry "None".

5.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Korean War Casualty Roster.  This
list of Korea battle casualties included entry that confirms the applicant
was wounded in action in the North Korea Sector on 10 July 1952.

6.  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.

7.  Paragraph 2-10 of the awards regulation contains guidance on award of
the National Defense Service Medal (NDSM).  It states, in pertinent part,
that it is awarded for honorable active duty service for any period between
27 June 1950 and 27 July 1954.

8.  The Government of the Republic of Korea issued the Korean War Service
Medal (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
KWSM.  To qualify for award of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  An entry on the Korean War Casualty Roster, the
official DA list of Korea battle casualties, confirms he was wounded in
action in the North Korea Sector of Korea on 10 July 1953.  Therefore, he
should be awarded the PH, and his record should be corrected accordingly.

2.  The available evidence also shows that his active duty service and
service in Korea entitles him to the NDSM and KWSM.  Therefore, it would
also be appropriate to add these awards to his record at this time.

BOARD VOTE:

__JNS __  __CD ___  __JRM__  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 10 July 1952 and by deleting the
current entry in Item 29 of his DD Form 214 and replacing it with the entry
"Wounded In Action, Korea, 10 July 1952"; by showing he is entitled to the
National Defense Service Medal and Korean War Service Medal; and by
providing him a correction to his separation document that reflects these
changes.




                            _____John N. Slone______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015797                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/10/23                              |
|DISCHARGE AUTHORITY     |AR 615-363                              |
|DISCHARGE REASON        |Released to Reserve                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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