RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 September 2006
      DOCKET NUMBER:  AR20060002458


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 the Purple Heart be added to
his DD Form 214, Report of Separation from the Armed Forces of the United
States.

2.  The applicant states, in effect, that the Purple Heart was not
included on his DD Form 214 and the certificate was not issued.  He adds,
that in 1951 while on line in Korea with the 7th Infantry Division, 32nd
Infantry Regiment, Company C, he was blown away (a few feet).  His right
hand was scarred.  His right knee was hurt (cartilage).  He was sent to
the MASH (Mobile Army Surgical Hospital) where bandages were applied.  A
cold compress was applied to the knee.  He was sent back to the line.  The
Purple Heart was given to him but no certificate.  He was at the aid
station one-half hour.  He adds that his knee has been operated on; he
is seventy-four years of age and he would like for his son and
grandchildren to display the certificate and his DD Form 214 after he
dies.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, Report of Separation from the Armed Forces of the United States,
and a Certification of Military Service, dated 11 July 1995, and a letter
addressed to him from the National Personnel Records Center, dated 31
January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error and an injustice
that occurred on 4 March 1954, the date he was discharged.  The application
submitted in this case is dated 6 February 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 limitation 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed records and from alternate sources.
4.  The applicant's military records show he enlisted in the Regular Army
at Camden, New Jersey, on 5 March 1951, and entered active duty on the same
date.

5.  The applicant was honorably discharged on 4 March 1954, under the
provisions of Army Regulation (AR) 615-360, at the expiration of his term
of service, at Aberdeen Proving Ground, Maryland.  On the date of his
discharge, the applicant had completed 3 years active military service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Korean
Service Medal, with three bronze service stars; the United Nations Service
Medal; and the Combat Infantryman Badge.  Item 38 (Remarks) shows he
was awarded the Good Conduct Medal.  The Purple Heart is not shown on
the applicant's DD Form 214.

7.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows the applicant served 11 months and 9 days, apparently in Korea;
however, the inclusive dates of his assignment in Korea are not known.
Efforts to determine the dates of his service in Korea were unsuccessful;
however, it was verified the applicant was awarded the Combat Infantryman
Badge, by special orders published by the 32nd Infantry Regiment, on 20
December 1951.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the entry, "None," an indication he did
not receive wounds as a result of action with enemy forces.

9.  The applicant's name does not appear on the Korean War Casualty File.

10.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.  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 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 Korean War
Service Medal.  To qualify for award of the Korean War Service Medal, 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.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the unit the
applicant was assigned to:  the 32nd Infantry Regiment, 7th Infantry
Division, was awarded the Republic of Korea Presidential Unit Citation, for
the period 30 September 1950 through 27 July 1953, by Department of the
Army General Order (DAGO) Number 22, dated 1956.  The Korean government
awards the Republic of Korea Presidential Unit Citation.

13.  AR 670-1, chapter 29, prescribes policy and guidance for wear of
U.S. and foreign unit awards.  This regulation states that a Soldier may
wear the unit award permanently if the individual was assigned to, and
present for duty with the unit any time during the period cited; or was
attached by competent orders to, and present for duty with the unit
during the entire period, or for at least 30 consecutive days of the
period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify the applicant was wounded as a result of hostile action,
the wound must have required medical treatment, and the medical treatment
must have been made a matter of official record.

2.  The applicant states he was wounded in action, sent to a MASH, was
treated and released back to his unit on the line.  The applicant's name
does not appear on the Korean War Casualty File.

3.  It was noted the applicant was discharged at Aberdeen Proving Ground,
Maryland, at the expiration of his term of service.  The impatience or the
sense of urgency usually displayed by a Soldiers wanting to process out of
the Army and be on their way home was not a factor.  On the date of his
discharge, the applicant signed the DD Form 214 that was prepared for him.
 The applicant’s signature on
the DD Form 214 attests to the accuracy of the information recorded on the
form.  The entry "None" is shown in the appropriate item to verify he was
not wounded in action.  Based on the available evidence, the applicant is
not entitled to award of the Purple Heart and to have it added to his DD
Form 214.

4.  The evidence shows the applicant served during the qualifying period
for award of the Korean War Service Medal.  He is therefore entitled to
this award and to have it added to his DD Form 214.

5.  The evidence shows the applicant served with a unit at the time it was
cited for and awarded the Republic of Korea Presidential Unit Citation.  He
is therefore entitled to this unit award and to have it added to his DD
Form 214.

6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 March 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 March 1957.  Although the applicant did not file within the
ABCMR’s statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ROM_  __RML__  __ena___  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 provided 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.

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 the applicant the Korean War Service Medal and the
Republic of Korea Presidential Unit Citation and adding these awards to the
applicant's DD Form 214.




                                  ___    Eric N. Anderson _________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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