RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060000234


      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             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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.

2.  The applicant states, in effect, the x-rays he submitted show shrapnel
in his back.  He continues that he was wounded near Taegu, South Korea and
was treated by a medic who also created a "TAG."  The applicant further
states that the wound in his back bled lightly and that he picked shrapnel
from his leg.  He continues that the battalion doctor looked him over and
sent him back to his company.

3.  The applicant provides a two-page statement; a DD Form 214 (Report of
Separation from the Armed Forces of the United States) with an effective
date of 29 September 1953; copy of two chest x-rays; and a Diagnostic
Imaging Report from Sutter Roseville Medical Center, dated 16 June 2003 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 September 1953, the date of his separation from active duty.
 The application submitted in this case is dated 26 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this 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 DD Form 214 shows he enlisted the Regular Army on 24
July 1950 for a period of 3 years.  He was released from active duty on 29
September 1953 with an undesirable discharge.
5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Purple Heart.  Item 29 (Wounds Received as a Result
of Action with Enemy Forces) of this form contains the entry "None."

6.  There is no documentation in the available records which shows the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.

7.  The applicant's service records contain a Hospital Admission Records
from the Surgeon General's Office.  The records show the applicant was
admitted at a Field Hospital in Korea on two separate occasions.  The first
admission was on 14 March 1951 for an infection and the second admission
was on 9 June 1951 for a contusion to his buttocks, hip, and leg.

8.  The applicant's name is not listed on the Korean War Casualty Roster.

9.  The applicant submitted a two-page undated letter which he states that
either in August or September 1950 near Taegu, South Korea, his platoon was
attacked by North Koreans forces.  He continues that a mortar round
exploded wounding him in the back and right leg.

10.  The applicant further states that the fragments in his leg were
superficial so he picked them out himself.  He further states that while at
the aid station, the doctor only gave him a cursory examination and sent
him back to the company.  He continues that during a recent medical
procedure, an x-ray was taken of his back which shows shrapnel.

11.  The applicant submitted copies of two chest x-rays.

12.  The applicant submitted a Diagnostic Imaging Report from Sutter
Roseville Medical Center, date 16 June 2003, which states that in the 2
View Chest x-ray, a metallic fragment is seen in the right chest wall.

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 by a medical officer, and the medical treatment must have been
made a matter of official record.


14.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

15.  The applicant's DD Form 214 shows he served 1 year and 22 days of
foreign service and was awarded the Korean Service Medal with five camp
stars and the Korean Presidential Citation.  This form does not show award
of the Korean War Service Medal.

16.  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 requests award of the Purple Heart for shrapnel wounds he
received in South Korea.

2.  Evidence did not contain any general orders which awarded the applicant
the Purple Heart.  There were no Army medical records available which show
the applicant was wounded or treated for wounds as a result of hostile
action during his service in Korea.  In the absence of such evidence, there
is insufficient basis for award of the Purple Heart in this case.

3.  Evidence does not specifically state the actual dates of the
applicant's service in Korea; however, records do show he was awarded a
service medal and a presidential citation for his participation.  The
applicant meets the criteria set for award of the Korean War Service Medal;
therefore, he is entitled to correction of his separation document to show
this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 September 1953.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 28 September 1956.  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.

5.  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

_RTD____  _RMN__  _DAC____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  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 to show award of the Purple Heart.

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 to show award of the Korean War Service Medal.




                                       _Richard T. Dunbar __
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000234                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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