RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050016892


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 award of the Purple Heart, Bronze Star Medal,
and Presidential Unit Citation.

2.  The applicant references a DD Form 149 (Application for Correction of
Military Record Under the Provisions of Title 10, U.S. Code, Section 1552),
dated
4 November 2002, and a letter dated 23 May 2003 in which he requested award
of the Purple Heart, Bronze Star Medal, and Presidential Unit Citation, but
was informed that his records were not available and the ABCMR could not
make a decision on his application.  The applicant states, in effect, that
he was wounded in action in the battle for Taejon (Korea) while behind
enemy lines.  He also states that the company medic treated his wound in
the field.  The applicant adds that he did not receive treatment at a
medical facility because he was behind enemy lines for several days and by
the time he returned to his company, the wound had healed.  The applicant
also refers to a letter he provides from the company medic who states that
he treated the applicant for a wound to his left hand in the area of the
thumb on 20 July 1950, near Taejon.  The medic also states, in effect, that
the applicant sustained the wound while engaged in hostile action and that
he was unable to get further treatment at a medical aid station because
their unit was on the move.  The applicant also provides a copy of an
undated hometown news release, newspaper article that states, in pertinent
part, the applicant "is now in a hospital in Japan recuperating from slight
wounds and battle fatigue."

3.  The applicant provides a self-authored letter, dated 18 October 2005; a
letter from Corporal H___ A. H_____, dated 16 February 2004; and a copy of
a hometown news release, newspaper article about the applicant's military
service. The applicant's DD Form 149, dated 4 November 2002, and letter
dated 23 May 2003, along with all referenced enclosures are incorporated
into this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 June 1951, the date of his discharge from the Army.  The
application submitted in this case is dated 18 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.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in a timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration), either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

4.  The applicant requests award of the Bronze Star Medal.  However, there
are no orders or other evidence on file in his Official Military Personnel
File (OMPF) that confirm his entitlement to this award.  In the absence of
authority for the award, the applicant may request award of the Bronze Star
Medal under the provisions of 10 USC 1130.  The applicant has been notified
by separate correspondence of the procedures for applying for the award
under 10 USC 1130.  As a result, the Bronze Star Medal will not be
discussed further in this Record of Proceedings.

5.  The applicant's military records were damaged by water in the National
Personnel Records Center fire of 1973.  Available records consist of copies
of documents from the applicant's original OMPF, including NME Form
4 (Enlistment Record - United States), dated 10 January 1949; DD Form
4 (Enlistment Record), dated 16 January 1951; WD AGO Form 24A (Service
Record), WD AGO Form 20 (Soldier's Qualification Card), and two DD Forms
214 (Report of Separation from the Armed Forces of the United States), with
effective dates of 15 January 1951 and 14 June 1951, respectively.

6.  The applicant's military service records show that he enlisted in the
U.S. Army on 10 January 1949.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 4812 (Heavy Weapons, Infantryman).

7.  The applicant's military service records also show that he was assigned
to Company D, 34th Infantry Regiment, 24th Infantry Division in Korea, from
15 May 1949 through 31 August 1950, and was promoted to grade of rank of
private first class on 9 June 1950.  He was subsequently assigned to
Company M,
19th Infantry Regiment, 24th Infantry Division (Korea), from 1 September
1950 through 28 September 1950.

8.  The applicant reenlisted on 16 January 1951, was reclassified, and
awarded MOS 4345 (Light Vehicle Driver).  The applicant was honorably
discharged from the U.S. Army on 14 June 1951, in the grade of rank of
private first class, after serving on active duty for a total of 2 years, 5
months, and 5 days.

9.  There are no orders in the applicant's military personnel records which
show he was awarded the Purple Heart.  There are no medical records which
show that the applicant was wounded as a result of hostile action or that
he received medical treatment for a wound that was sustained as a result of
hostile action.  In addition, the applicant's name is not listed on the
Korean War Casualty Roster.

10.  The applicant's DD Form 214, with an effective date of 14 June 1951,
shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Army of
Occupation Medal with Japan clasp, Combat Infantryman Badge, and Korean
Service Medal.  This item also shows that the applicant participated in the
following three campaigns:  Chinese Communist Forces Intervention, United
Nations Defensive Campaign, and United Nations Offensive Campaign.  Item
29 (Wounds Received as a Result of Action with Enemy Forces) of his DD
Forms 214, dated 15 January 1951 and 14 June 1951, both contain the entry
"None."

11.  The applicant's military service records contain a copy of a Standard
Form (SF) 88 (Report of Medical Examination), dated 15 January 1951,
prepared for the purpose of the applicant's discharge in order to reenlist.
 This document shows, in pertinent part, in Item 42 (A. Remarks - B.
Summary of Pertinent and Interval History - C. Summary of Defects - D.
Diagnosis) the entry "None."

12.  The applicant's military service records contain a copy of a SF 89
(Report of Medical History), dated 14 June 1951, prepared for the purpose
of the applicant's discharge from the Army.  This document shows, in
pertinent part, in Item
28 (Have You Ever Consulted or Been Treated by Clinics, Physicians,
Healers, or Other Practitioners Within the Past 5 Years?) that the
applicant placed a check mark in the "No" block.  Item 31 (Summary of
History) of the SF 89 shows, in pertinent part, that the applicant entered
the following handwritten note in this item, "Ears - Concussion of ears
while in Korea Sept. 1950 - ran and could not hear well.  Not much trouble
at this time."  This document also shows in Item
30 (I Certify That I Have Reviewed the Foregoing Information Supplied by Me
and That it is True and Complete to the Best of My Knowledge.) that the
applicant affixed his signature in this item attesting to the accuracy of
the document.

13.  The applicant's military service records contain a copy of a SF 88,
dated
14 June 1951, prepared for the purpose of his discharge from the Army.
This document shows, in pertinent part, in Item 42 (A. Remarks - B. Summary
of Pertinent and Interval History - C. Summary of Defects - D. Diagnosis)
the following typed entry "Ears - Concussion of ears while in Korea Sept.
1950 - ran and could not hear well.  Not much trouble at this time."  This
document is signed by the physician who conducted the medical examination
of the applicant.

14.  The applicant's military service records contain copies of Information
from the Hospital Admission Cards created by the Office of The Surgeon
General, Department of the Army.  In pertinent part, these documents show
that while serving in Korea, on 13 August 1950, the applicant was diagnosed
with combat exhaustion and on 8 September 1950 he was diagnosed with
psychoneurotic disorder/anxiety reaction.  However, these documents are
absent any information concerning medical treatment of the applicant for a
wound the applicant may have received while serving in Korea on or about 20
July 1950.

15.  The applicant's records contain a copy of Headquarters, Fort Lawton,
Fort Lawton, Washington, letter, dated 14 June 1951, subject:  Application
for Decorations and/or Awards.  In this letter, the second lieutenant
serving as the assistant adjutant submitted an inquiry on behalf of the
applicant to The Adjutant General of the Army pertaining to the applicant's
claim for award of the Purple Heart based upon receiving injuries on 8
September 1950 from enemy artillery fire in the vicinity of the Nakton
River (Korea), while serving with the 19th Infantry Regiment.  This
document was endorsed through command channels and shows that on 26 July
1951, the first lieutenant serving as assistant adjutant of the
19th Infantry Regiment (Korea) indicated "[s]ubject enlisted man was non-
battle casualty for which no Purple Heart is authorized."  The applicant's
military service records also contain a copy of a letter from the major
general serving as The Adjutant General of the Army, dated 17 August 1951.
This letter was addressed to the applicant and, in pertinent part, advised
the applicant "[t]here is no record in the Department to show that you were
ever (emphasis added) wounded while in action; therefore, favorable
consideration cannot be given your request."

16.  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.
17.  Review of the applicant's military service records reveals that he may
be entitled to additional awards which are not shown on his DD Form 214.

18.  The applicant's military service records contain a copy of his WD AGO
Form 24A (Service Record).  Section 9 (Remarks - Administrative) of this
document, in pertinent part, contains the entry "15 Jan 51:  24 months
continuous svc credit toward Good Conduct Medal.  Disch 15 Jan 51
Character - Excellent efficiency rating - Excellent, favorably considered
for Good Conduct Medal."

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service and there must have
been no convictions by court-martial.  However, there was no right or
entitlement to the medal until the immediate commander made a positive
recommendation for its award and until the awarding authority announced the
award in General Orders.

20.  The applicant's military service records contain a copy of his WD AGO
Form 20 (Soldier's Qualification Card).  Item 32 (Qualifications in Arms)
of this document shows, in pertinent part, that the applicant qualified as
Sharpshooter with the M-1 rifle on 6 February 1949, as Sharpshooter with
the M-2 carbine rifle on 16 September 1949, and as Marksman with the .45
caliber pistol on
20 December 1949.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

22.  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.

23.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and
27 July 1954.  Qualifying service included attachment to or assignment for
1 or more days with an organization participating in or directly supporting
military operations.  A bronze service star is worn on the Korean Service
Medal to denote an additional award for participation in a campaign.

24.  Paragraph 9-12 of Army Regulation 600-8-22 contains guidance on the
United Nations Service Medal.  It states, in pertinent part, those members
who were dispatched to Korea or adjacent areas for service on behalf of the
United Nations in the action in Korea are eligible for the award.  It
further specifies that personnel awarded the Korean Service Medal
automatically establish eligibility for the United Nations Service Medal.

25.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  This document shows that, at the time of the applicant's
assignment to the 34th Infantry Regiment, 24th Infantry Division (Korea),
the unit was awarded the Distinguished Unit Citation for actions from 2
July 1950 to 15 September 1950 by Department of the Army, General Orders
Number 45 (1950).

26.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

27.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant's assignment to the 34th Infantry Regiment, 24th Infantry
Division (Korea), the unit was cited for award of the Republic of Korea
Presidential Unit Citation for actions during the period 2 July 1950 to 22
July 1950 by Department of the Army, General Orders Number 35 (1951).

28.  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.  The Department of Defense approved acceptance and wear of the
Republic of Korea Korean War Service Medal.  To qualify for award of the
Republic of Korea Korean War Service Medal, 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 contends that he is entitled to award of the Purple Heart
for a wound he sustained while engaged in enemy action on 20 July 1950 and
which he was treated for while serving in Korea.  However, the applicant
provides insufficient substantiating evidence in support of his claim to
verify that such wound was the result of hostile action or official
documentation that shows the wound required medical treatment.

2.  The applicant's military service records do no contain any documentary
evidence to show that he was awarded the Purple Heart for a wound sustained
as a result of hostile action, nor is there evidence to show that medical
treatment of such a wound was made a matter of official record.  In fact,
in two separation medical examinations subsequent to 20 July 1950, the
applicant failed to indicate in the Report of Medical History or have
annotated in the Report of Medical Examination that he was wounded in
action in the left hand while engaged in enemy action in Korea on 20 July
1950 and that he received medical treatment in the field for such wound.
Moreover, the evidence of record shows that an inquiry concerning award of
the Purple Heart based on an injury the applicant received on 8 September
1950, which was initiated on behalf of the applicant at the time of his
discharge from the Army, resulted in a thorough review of official records
and confirmed that the applicant was not entitled to award of the Purple
Heart.  Consequently, notwithstanding the statement the applicant provides
from his company's medic, the preponderance of evidence in this case
indicates that the applicant is not entitled to award of the Purple Heart.
Therefore, the applicant is not entitled to correction of his records to
show award of the Purple Heart.

3.  The applicant also contends that he is entitled to award of the
Presidential Unit Citation because the unit he served with in Korea (i.e.,
34th Infantry Regiment, 24th Infantry Division) was cited for the award.
The evidence of records shows that General Orders awarded the applicant's
unit the Presidential Unit Citation.  Therefore, it would be appropriate to
correct his records to show this unit award.

4.  The evidence of records shows that the applicant is entitled to the
first award of the Good Conduct Medal for the period 10 January 1949
through 14 June 1951 based upon completion of a period of qualifying
service ending with the termination of a period of Federal military
service.  Therefore, he is entitled to correction of his records to show
this award.

5.  The evidence of records shows that the applicant served honorably in
active service during a qualifying period for award of the National Defense
Service Medal.  Therefore, he is entitled to have his records corrected to
show this service medal.

6.  The evidence of records shows that the applicant was awarded the Korean
Service Medal and that he participated in 3 campaigns in Korea.  Therefore,
he is entitled to correction of his records to show award of 3 bronze
service stars to be affixed to his Korean Service Medal.

7.  The applicant's DD Form 214 shows award of the Korean Service Medal;
however, it does not show award of the United Nations Service Medal.  In
accordance with Army regulation, he is entitled to award of the United
Nations Service Medal based on award of the Korean Service Medal.
Therefore, his records should be corrected to show award of this service
medal.

8.  General Orders awarded the applicant's unit the Republic of Korea
Presidential Unit Citation.  Therefore, it would be appropriate to correct
his records to show this foreign unit award.

9.  The evidence of records shows that the applicant is entitled to the
Republic of Korea Korean War Service Medal.  Therefore, it would be
appropriate to correct his records to show this foreign service medal.

10.  The evidence of records shows that the applicant is entitled to award
of the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle
Bars.  The evidence of records also shows that the applicant is entitled to
award of the Marksman Marksmanship Qualification Badge with Pistol Bar.
Therefore, it would be appropriate to correct his records to show these two
badges.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 June 1951; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 June 1954.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG__  __JBG___  __PMT__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  awarding the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 10 January 1949 through
14 June 1951;

      b.  correcting his DD Form 214 to delete the Korean Service Medal;
and

      c.  correcting his DD Form 214 to add the Good Conduct Medal,
National Defense Service Medal, Korean Service Medal with 3 bronze service
stars, United Nations Service Medal, Presidential Unit Citation, Republic
of Korea Presidential Unit Citation, Republic of Korea Korean War Service
Medal, Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle
Bars, and Marksman Marksmanship Qualification Badge with Pistol Bar.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                            ____Curtis Greenway____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016892                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19510614                                |
|DISCHARGE AUTHORITY     |AR 615-362, Section II                  |
|DISCHARGE REASON        |Minority                                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0015.0000                           |
|3.                      |107.0031.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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