RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20050017650


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that his records be corrected to
show the award of the Purple Heart.

2.  The applicant states he was never awarded the Purple Heart for the
injuries he received in the Korean War between 1950 to 1951.  He states
that all the men in his battalion have been honored with the Purple Heart.
He adds that the information pertaining to his hospitalization due to
malaria is missing from his records.

3.  He also states that when he was discharged from Letterman Army
Hospital, he was promised the Purple Heart.

4.  The applicant provides:

      a.  a copy of his DD Form 214 (Report of Separation from the Armed
Forces of the United States);

      b.  a copy of his Certificate of Discharge (in Lieu of Lost or
Destroyed);

      c.  a copy of his Military ID Card;

      d.  a copy of an undated article from a local newspaper in Glendale,
Arizona; and

      e.  a copy of Surgeon General Office (SGO) Hospitalization File
Listing.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 October 1952, the date of his separation from active
duty.  The application submitted in this case is dated 28 November 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 available record shows that he entered active duty on  
1 February 1949.  He served a tour of duty in the military occupational
specialty 1641 (Line Fireman) in the Republic of Korea during the period
1950 to 1951.  He was honorably separated from active duty on 13 October
1952 after serving  
3 years, 8 months, and 13 days of active service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the Army of Occupation Medal (Japan), Korean Service Medal with  
3 bronze service stars, Republic of Korea Presidential Unit Citation, and
the United Nations Medal.  However, it does not show the award of the
Purple Heart.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant's DD Form 214 shows the entry "None."

7.  There are no general orders in the available records which show that
the applicant was awarded the Purple Heart.

8.  There are no medical records in the applicant's official military
personnel file to show that he sustained wounds as a result of hostile
action or to show that he was treated for wounds sustained as a result of
hostile action.

9.  A review of the Republic of Korea Casualty Files does not show the
applicant's name listed among those wounded.

10.  The applicant provided a copy of an article from Glendale, Arizona,
which states that the applicant was assigned to the 61st Artillery, 1st
Cavalry Division in the Republic of Korea when they fought the enemy on
July 22, 1950.  The article further stated, in effect, that he returned
home with good eye sight after being blinded for 15 days from an explosion
of a land mine.

11.  The SGO hospital file listing shows that the applicant was treated for
some infectious diseases to include malaria; however, it does not show that
the applicant was admitted specifically for an injury or a wound incurred
as a result of hostile action.

12.  Army Regulation 672-5-1 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

13.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

14.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his available records which shows he
was wounded as a result of hostile action or treated for such wounds.  His
name does not appear on the Republic of Korea Casualty Files.

3.  The article from the local newspaper stated that the applicant arrived
home with good sight after being blinded for 15 days due to an explosion of
a land mine.  However, without corroborating evidence, this article is
insufficient to award the applicant the Purple Heart.

4.  Evidence of records show that the applicant is entitled to the award of
the ROK-KWSM.  Therefore, the applicant is entitled to correction of his
records to show this foreign award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1952.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 October 1955.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jrm___  ____rch_  ___swf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case based on the Purple Heart.

2.  The Board further determined that 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.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show the ROK-KWSM.




                                  _________Jeanette R. McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017650                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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