RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060000606


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 Bronze Star Medal with V Device and
the Purple Heart.

2.  The applicant states that his hearing was damaged while serving in
Korea.  The applicant further states that his records were destroyed in the
"St. Louis fire." The applicant concludes that he has attached proof of his
entitlement to award of the Bronze Star Medal with V Device.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), four newspaper articles, a
press release, a copy of the award citation, and a copy of his Department
of Veterans Affairs Disability Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 October 1953, the date of his release from active duty
and transfer to the United States Army Reserve (USAR).  The application
submitted in this case is dated 19 November 2003; however, the application
was not received by the ABCMR until 22 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 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.  Records show that the applicant was inducted into the Regular Army and
entered active duty on 21 January 1952.


5.  Records show that the applicant was honorably released from active duty
and transferred to the USAR on 19 October 1953 after serving 1 year, 8
months, and 19 days.

6.  The applicant's DD Form 214 does not show award of the Bronze Star
Medal with V Device or the Purple Heart.  There are no orders in the
applicant’s service personnel records which show that he was awarded the
Bronze Star Medal with V Device or the Purple Heart.

7.  There is no medical evidence in the available records which show that
the applicant sustained wounds as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

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

9.  The applicant provided four newspaper articles which state that a
Congressman serving on the House Armed Forces Service Committee presented
him the Bronze Star Medal with V Device on 5 May 1973.  These articles
state that the applicant waited over twenty years for the medal and that
the citation would be read on 5 May 1973 and the medal mailed directly to
the applicant.

10.  The citation for the award of the Bronze Star Medal with V Device
stated that the applicant "a member of Battery A, 48th Field Artillery
Battalion distinguished himself by heroic achievement near Chorwon, Korea.
During the period 24 March 1953 to 26 March 1953, [the applicant's name
omitted] was acting as a forward observer with the forward elements of a
counter attacking friendly force.  [The applicant's name omitted], with
complete disregard for his personal safety, moved to a forward position
where he could bring more effective artillery fire on the enemy.  On one
occasion, [the applicant's name omitted] went back along the trench
connecting the hills through heavy enemy automatic weapon fire to warn
friendly troops to keep well dispersed.  Then, [applicant's name omitted]
moved back to the forward position and set his radio up in an exposed area
and operated it continually during the period of the action despite
constant and heavy enemy artillery fire.  The heroic actions of
[applicant's name omitted] reflect great credit on himself and the military
service."

11.  The applicant provided a copy of a Department of Veterans Affairs
Disability Rating Decision, dated 21 July 2003, which shows that the
applicant was granted service-connected disability for bilateral hearing
loss and tinnitus.  This document does not show that the applicant's
disability was incurred as a result of hostile action.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded in time of war for heroism and
for meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

13.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the bronze “V” device indicates acts of heroism involving
conflict with an armed enemy and authorizes the bronze “V” device in
conjunction with awards of the Army Commendation Medal, the Air Medal and
the Bronze Star Medal.
Although more than one award of the Army Commendation Medal or the Air
Medal or the Bronze Star Medal may be made for heroism to the same person,
the regulation provides that only one “V” device may be worn on awards of
the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for
heroism.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against and enemy or 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.  This regulation
also provides that there are no time limitations for requests for award of
the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for hearing loss sustained while he was serving in Korea.  The applicant
also contends that he is entitled to correction of his records to show
award of the Bronze Star Medal with V Device.

2.  Notwithstanding the Department of Veterans Affairs Disability Rating
Decision which granted the applicant service connected disability for
hearing loss, there is no evidence in the available records and the
applicant has not provided sufficient evidence showing he sustained
injuries as a result of hostile action or that he received treatment for
injuries that were sustained as a result of hostile action.  Based on the
foregoing, there is insufficient evidence to grant the applicant's request
for award of the Purple Heart in this case.

3.  Most of the applicant's service records are not available and presumed
to have been lost in the fire that destroyed approximately 18 million
service members’ records at the National Personnel Records Center in 1973.
However, evidence clearly shows that the applicant was presented the Bronze
Star Medal with V Device by a Congressman serving on the House Armed Forces
Service Committee.  Therefore, it has been determined that the newspaper
articles and the press release from the Congressman's office are sufficient
evidence to grant the applicant's request for correction of his records to
show award of the Bronze Star Medal with V Device.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 October 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 October 1956.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RDG___  _PMS  __  _LMD___  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 awarding the Bronze
Star Medal with V Device and adding this award to his separation document.

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.





                              ___Paul M. Smith_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000606                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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