RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 JUNE 2006
      DOCKET NUMBER:   AR20050016762


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Larry Olson                   |     |Member               |
|     |Ms. Peguine 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, in effect, that his report of separation (DD
Form 214) be corrected to reflect that he was wounded in the right eye.

2.  The applicant states that personnel failed to indicate that he was also
wounded in the right eye.

3.  The applicant provides a copy of his DD Form 214, a Report of Battle
Casualty (AFFE Form 214), and a copy of his Purple Heart orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 November 1954.  The application submitted in this case is
dated 10 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 to the Board 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 for the Board
to conduct a fair and impartial review of this case.

4.  He was inducted in Cleveland, Ohio on 6 November 1952.  He was advanced
to the pay grade of E-2 on 6 March 1953 and on 9 May 1953 he was wounded in
action in Korea while assigned to the 27th Infantry Regiment.  The initial
battle casualty report indicates that he was enroute to a listening post
when he sustained fragmentation wounds to the left thigh and right cheek
from an enemy mortar round.  That report was prepared by Headquarters, 27th
Infantry Regiment.  He was awarded the Purple Heart by General Order Number
31 dated 22 May 1953 and published by Headquarters, 382nd General Hospital,
which was located in Japan at the time.

5.  The applicant was returned to duty and was advanced to the rank of
corporal on 26 January 1954.  On 5 November 1954, he was honorably released
from active duty at Fort Carson, Colorado, due to the expiration of his
term of service. He had served 2 years of total active service and was
awarded the Korean Service Medal with two bronze service stars, the United
Nations Service Medal, the National Defense Service Medal, the Good Conduct
Medal, the Combat Infantryman Badge and the Purple Heart.  In item 29 under
“Wounds Received as a Result of Action with Enemy Forces” his DD Form 214
reflects that he received shell fragment wounds to the left thigh and right
cheek on 9 May 1953.

6.  The applicant’s name is contained on the Korean War Casualty Listing
and information obtained from hospital admission cards created by the
Department of the Army, Office of the Surgeon General confirms that the
applicant was injured in the eye and structure auxillary to the eye;
eyeball generally.  He was also diagnosed with Chorioretinitis
(inflammation of the choroid and retina).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to
reflect that he was wounded in the right eye has been noted and appears to
have merit.

2.  While the hospital admission data does not specify which eye was
injured, it is reasonable to presume that since he was also wounded in the
right cheek, that it was his right eye as well that was injured.

3.  Accordingly, his DD Form 214 should be corrected to add his wound to
the right eye, in addition to his other wounds.


BOARD VOTE:

____JG _  ____LO  _  ___PT __  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 adding the applicant’s wound to the
right eye to his DD Form 214.






                            _____James Gunlicks______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016762                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060622                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19541105                                |
|DISCHARGE AUTHORITY     |AR 615-365-5                            |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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