RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 August 2006
      DOCKET NUMBER:   AR20060000650


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he received a shrapnel wound to his right
palm during the campaign at Kam Sung, Korea while on the front lines.  He
further states that the piece of metal was so hot that he took it out with
his knife and that it left a scar.

3.  The applicant provides a copy of his report of separation (DD Form 214)
and a copy of his Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 November 1953.  The application submitted in this case is
dated 3 January 2006.

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 born on 11 February 1933 and he enlisted in Eugene, Oregon on
2 November 1950.  He completed his training and was awarded the military
occupational specialty (MOS) of a radio operator (1740).

5.  His records indicate that he was initially transferred to Japan and
then later to Korea, where he served with C Battery, 518th Anti-Aircraft
Artillery Regiment.  He served 1 year, 5 months and 27 days of foreign and
sea service before being returned to the Continental United States.
6.  He was promoted to the pay grade of E-5 on 19 January 1953 and on
1 November 1953, he was honorably discharged at Camp Hanford, Washington,
due to the expiration of his term of service.  He had served 3 years of
total active service and was awarded the Combat Infantryman Badge, the
Korean Service Medal with two bronze service stars, the Army Occupation
Medal with Japan Clasp, the United Nations Service Medal and the National
Defense Service Medal.

7.  Block 29 of his DD Form 214 (Wounds Received as a Result of Action with
Enemy Forces) contains the entry “None”.  The applicant signed the DD Form
214 at the time of discharge.

8.  A review of the Korean War Casualty Roster failed to reveal that the
applicant had ever been reported as a casualty.  Additionally, information
from the hospital admission cards created by the Office of the Surgeon
General, Department of the Army, fails to show that he was treated for any
battle related wounds/injuries.

9.  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 an 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.

10.  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’s contention that he was wounded as a result of enemy
action in Korea has been noted; however, he has failed to show through the
evidence submitted with his application and the evidence of record that he
was in fact wounded as a result of enemy action, that treatment by medical
personnel was rendered and that the treatment was made a matter of record.


2.  Therefore, absent such evidence, there appears to be no basis to award
him the Purple Heart at this time.

3.  However, the evidence of record does establish that he is entitled to
award of the ROK-KWSM for his time served in Korea.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 November 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 31 October 1956.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____MP _  ____MF _  ____GP_  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 awarding him the ROK-KWSM.




                                  _____Margaret Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000650                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/03                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19531101                                |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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