RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20050017959


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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.

2.  The applicant states, in effect, that in late October or early November
1950 near Chuncheon, Korea, he injured his left ankle while unloading a 200
pound,
8 inch Howitzer projectile.  The applicant states that the projectile
slipped off the truck, he lost his grip, and the projectile fell to the
ground hitting his left ankle.  He also states, in effect, that he went to
the rear aid station, was assigned to a litter on the side of a hill all
night, and in the early morning was instructed to return to his unit.  He
further states, in effect, that since there were no medical supplies
available at his unit, he medicated his ankle with salt from the mess truck
and took some aspirin that he had received from home.  He also adds that,
to his knowledge, there is no medical record of his injury.

3.  The applicant provides an undated, self-authored letter; a letter from
Chief Warrant Officer Three (U.S. Army, Retired) D_____ L. M_________,
dated
28 August 2005; a letter from (then Sergeant) G_____ C. M____, dated
30 August 2005; and DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), with an effective date of 30 June 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1967, the date of his retirement from the U.S. Army.
The application submitted in this case is dated 10 December 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 service records show that he enlisted in the
Regular Army on 5 June 1947.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 4844 (Cannoneer).  The applicant's military
service records also show that he was assigned to Battery B, 17th Field
Artillery Battalion (Korea) from
26 August 1950 through 11 December 1951.

4.  Upon return to the United States, the applicant reenlisted and
continued to serve in the Regular Army.  The applicant was reclassified and
performed duties into MOS 71H (Personnel Specialist) and was subsequently
reclassified into MOS 74C (Personnel Accounting Specialist).  The applicant
was honorably retired from the U.S. Army on 30 June 1967, in the grade of
rank of sergeant first class (E-7), after serving on active duty for a
total of 20 years and 26 days.

5.  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.

6.  The applicant's DD Form 214, with an effective date of 8 June 1950,
shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) the entry "NONE" and Item 29
(Wounds Received as a Result of Action with Enemy Forces) also shows the
entry "NONE."

7.  The applicant's DD Form 214, with an effective date of 8 June 1962,
shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Good
Conduct Medal (4th Award).  Item 27 (Wounds Received as a Result of Action
with Enemy Forces) of this document shows the entry "NONE."

8.  The applicant's DD Form 214, with an effective date of 30 June 1967,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal (1st Oak Leaf Cluster), Army Commendation Medal, and
Good Conduct Medal (5th Award).

9.  The applicant's military service records contain a copy of War
Department Adjutant General Office (WD AGO) Form 24A (Service Record),
covering the period 5 June 1957 through 8 June 1950.  Section 8 (Wounds
Received Through Enemy Action) of this form is absent an entry.  Section 14
(Service Outside Continental United States) shows, in pertinent part, that
the applicant served in Yokohama, Japan, from 10 January 1949 through 16
October 1949.

10.  The applicant's military service records contain a copy of a DA Form
20 (Enlisted Qualification Record).  Item 31 (Foreign Service) of this form
shows, in pertinent part, that he served in Korea from 11 August 1950
through 3 December 1951, and from 26 August 1959 through 9 September 1960.
Item 38 (Record of Assignments) shows, in pertinent part, that he was
assigned to Battery B,
17th Field Artillery Battalion (Korea) from 26 August 1950 through 11
December 1951.  Item 39 (Campaigns) of this document shows that while
serving in Korea the applicant participated in the United Nations (UN)
Defensive, UN Offensive, Chinese Communist Forces (CCF) Intervention, First
UN Counteroffensive, CCF Spring Offensive, and UN Summer-Fall Offensive
campaigns.  Item 40 (Wounds) of the DA Form 20 is absent an entry.  Item 41
(Awards and Decorations) shows that the applicant was awarded the Korean
Service Medal, Republic of Korea Presidential Unit Citation, United Nations
Service Medal, National Defense Service Medal (1st Oak Leaf Cluster), Good
Conduct Medal (5th Award), Expert Marksmanship Qualification Badge with
Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar,
and Army of Occupation Medal with Japan clasp.

11.  The applicant's DA Form 20 shows, in pertinent part, in Item 41
(Awards and Decorations) that Headquarters, W.M.D., Fort Lawton,
Washington, Special Orders Number 114, dated 22 June 1954, awarded the
applicant the Sharpshooter Marksmanship Qualification Badge with Carbine
Bar.  This item also shows that Headquarters, 2nd Infantry Division
(Korea), Special Orders Number 295, dated 3 December 1964, awarded the
applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

12.  In support of his application, the applicant provides a self-authored
letter and two letters from former fellow Soldiers.  The letters attest to
the fact that the applicant was a member of Battery B, 17th Field Artillery
Battalion, during the Korean Conflict.  The letters also show, in pertinent
part, that the applicant was accidentally injured in October or November
1950 while unloading an 8 inch Howitzer projectile from a truck.

13.  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.  The Military Awards regulation also provides examples of
injuries or wounds which clearly do not qualify for award of the Purple
Heart and shows, in pertinent part, that accidents, to include explosive,
aircraft, vehicular, and other accidental wounding not related to or caused
by enemy action do not qualify for award of the Purple Heart.

14.  A 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  For award of the Army of Occupation Medal for
Japan, the service must have occurred between 3 September 1945 and 29 June
1949, inclusive.

16.  Appendix B of Army Regulation 600-8-22 lists the campaigns for Korea.
This document shows that the applicant participated in the following
campaigns:  UN Defensive, UN Offensive, CCF Intervention, First UN
Counteroffensive, CCF Spring Offensive, UN Summer-Fall Offensive, and
Second Korean Winter; a total of 7 campaigns.

17.  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 and a
silver service star is authorized in lieu of five bronze service stars.

18.  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.

19.  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 Battery B, 17th Field Artillery, 2nd Infantry Division
(Korea), the unit was awarded the Distinguished Unit Citation, by
Department of the Army, General Orders Number 72 (1951), for extraordinary
heroism and outstanding performance of duty in action against the armed
enemy in the vicinity of Hongchon, Korea, during the period 16 May 1951 to
22 May 1951.

20.  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.

21.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant's assignment to the Battery B, 17th Field Artillery
Battalion, 2nd Infantry Division (Korea), the unit was cited for award of
the Republic of Korea Presidential Unit Citation for actions during the
period 19 September 1950 to
31 July 1952 by Department of the Army, General Orders Number 41 (1955).

22.  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.

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in effect at the time, governs the requirements for the Overseas
Service Bar.  In pertinent part, it provides that a bar is authorized for
wear for each period of active Federal service as a member of the U.S. Army
outside of the continental limits of the United States for the specific
time frames and areas of operation cited in Army Regulation 670-1, or
appropriate Department of the Army message. For Korea service, one Overseas
Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Korea from
27 June 1950 until 27 July 1954, both dates inclusive.  Both the month of
arrival and the month of departure from Korea are counted as whole months
for credit toward the Overseas Service Bar.

24.  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.
25.  The Korea Defense Service Medal is authorized to members of the Armed
Forces who have served on active duty in support of the defense of the
Republic of Korea from 28 July 1954 to a date to be determined.  U. S. Army
Human Resources Command, message, dated 9 February 2004, published
implementing instructions for award of the Korea Defense Service Medal.
This message specified criteria for the award of the Korea Defense Service
Medal as follows:  a) service members of the armed forces must have served
in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;
c) service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

26.  As a matter of information, in accordance with section 1084 of the
Fiscal Year 1998 National Defense Authorization Act, the Secretary of
Defense approved awarding the Cold War Recognition Certificate to all
members of the armed forces and qualified federal government civilian
personnel who faithfully and honorably served the United States anytime
during the Cold War era, which is defined as 2 September 1945 to 26
December 1991.  However, award of the Cold War Recognition Certificate
(CWRC) is not governed by the provisions of Army Regulation 600-8-22 and,
as a result, is not shown on a discharge document.  To receive the CWRC,
the applicant may submit an application to the Commander, U.S. Army Human
Resources Command, Cold War Recognition, Hoffman II, Attention: AHRC-CWRS,
Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Additional
information is available on the Internet at:
https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because in late October or early November 1950 while serving
in Korea he injured his left ankle while unloading a 200 pound, 8 inch
Howitzer projectile.  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.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  In fact, the evidence
of records shows that the applicant was injured as a result of an accident
not related to or caused by enemy action.  Therefore, there is insufficient
evidence upon which to base award of the Purple Heart in this case.

3.  The evidence of records shows that the applicant is entitled to the
Army of Occupation Medal with Japan clasp.  Therefore, it would be
appropriate to correct his records to show this award.

4.  The evidence of records shows that the applicant was awarded the Korean
Service Medal and that he participated in 7 campaigns in Korea.  Therefore,
he is entitled to correction of his records to show award of 1 silver
service star and
2 bronze service stars to be affixed to his Korean Service Medal.

5.  The evidence of records shows that the applicant was awarded 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.

6.  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.

7.  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.

8.  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 award.

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

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

11.  Records show that the applicant served a total of 16 months in Korea.
Therefore, he is entitled to correction of his records to show award of two
Overseas Service Bars.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 June 1970.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

13.  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

___SLP__  __RML__  __JGH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by issuing a
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge
from Active Duty) to show the following awards:  Army of Occupation Medal
with Japan clasp, Korean Service Medal with 1 silver service star and 2
bronze service stars, United Nations Service Medal, Presidential Unit
Citation, Republic of Korea Presidential Unit Citation, Republic of Korea
Korean War Service Medal, Korea Defense Service Medal, Expert Marksmanship
Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification
Badge with Carbine Bar, and 2 Overseas Service Bars.




                                        _Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017959                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19670630                                |
|DISCHARGE AUTHORITY     |Title 10 USC, Section 3419              |
|DISCHARGE REASON        |Retired After 20 Years but Less Than 30 |
|                        |Years                                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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