RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060001067


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcelli               |     |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, two awards of the Purple Heart
(correctly known as the Purple Heart (First Oak Leaf Cluster)).  He also
requests award of the Combat Infantryman Badge.

2.  The applicant states he should have received the Purple Heart for
shrapnel wounds he received as shown in item 29 (Wounds Received as a
Result of Action with Enemy Forces) on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).  He states he was also hit
by small arms fire in his left leg.  He states he was under combat
conditions when he was hit by shrapnel and small arms fire and he had
frostbite on both feet.  He also states he should have received the Combat
Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 January 1952.  The application submitted in this case is
dated 9 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.  The applicant enlisted in the Regular Army on 28 January 1948.  He
served in Korea and Japan; however, the specific dates are not available.
His DD Form 214 indicates the period of foreign service is not verified.


5.  Item 38 (Remarks) on his DD Form 214 shows he was promoted to permanent
sergeant (SGT) on 29 August 1950.

6.  Item 29 on the applicant’s DD Form 214 shows the entry “Shrapnel Wound
Right Arm 20 Sep 50 (Korea).”

7.  The applicant’s name is listed twice on the Korean Casualty Roster.
The first entry on the roster shows he was wounded on 20 September [year
not indicated] in Korea and held the rank of SGT.  The second entry shows
he was wounded on 26 November [year not indicated] and his pay grade was E-
7 at that time.

8.  Item 3 (Grade-Rate-Rank and Date of Appointment) on his DD Form 214
shows he was promoted to temporary master sergeant on 2 October 1951.

9.  The applicant was honorably released from active duty on 28 January
1952 at the expiration of his term of service.  His DD Form 214 shows the
Combat Infantryman Badge and the Army of Occupation Medal with Japan Clasp
as authorized awards.

10.  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.  An oak leaf cluster is authorized for wear for each
additional award of the Purple Heart.  The regulation states that frostbite
and trench foot injuries are examples of injuries or wounds which clearly
do not qualify for award of the Purple Heart.  This regulation also
provides that there is no statute of limitations on requests for award of
the Purple Heart.

11.  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.



12.  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.

13.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows he was wounded on 20 September 1950
as a result of hostile action in Korea and his name is listed on the Korean
Casualty Roster for this wound.

2.  The Korean Casualty Roster shows the applicant was wounded a second
time on 26 November [year not indicated] as a result of hostile action in
Korea.  It appears the applicant was serving in pay grade E-7 at the time
of his second wound and it would be appropriate to presume the date he
sustained his second wound was 26 November 1951.  The applicant’s statement
that he was also hit by small arms fire in his left leg is accepted to show
the type of wounds he received on this date.  This evidence is sufficient
as a basis to award him two awards of the Purple Heart.

3.  The evidence of record shows the applicant completed a period of
honorable service from 28 January 1948 to 28 January 1952 which included
service in Korea.  Therefore, he met the eligibility criteria for award of
the National Defense Service Medal, the Korean Service Medal, the United
Nations Service Medal, and the ROK-KWSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 January 1955.  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.
BOARD VOTE:

MP______  MF______  GP______  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:

      a.  awarding him the Purple Heart for wounds sustained on 20
September 1950;

      b.  awarding him the Purple Heart (First Oak Leaf Cluster) for wounds
sustained on 26 November 1951;

      c.  showing he was awarded the Purple Heart (First Oak Leaf Cluster),
the National Defense Service Medal, the Korean Service Medal, the United
Nations Service Medal, and the ROK-KWSM; and

      d.  amending item 29 on his DD Form 214 to add the entry “Small Arms
Fire, Left Leg, 26 November 1951.”




                            Margaret Patterson____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001067                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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