RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002792


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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, award of the Purple Heart and
correction of item 29 (Wounds Received as a Result of Action with Enemy
Forces) on his DD Form 214 (Report of Separation from the Armed Forces of
the United States).

2.  The applicant states, in effect, he sustained concussion induced
bilateral hearing loss and tinnitus caused by enemy dropped explosives and
return fire from unit antiaircraft artillery during the Korean War.

3.  The applicant provides a Department of Veterans Affairs (DVA) Rating
Decision and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 February 1953.  The application submitted in this case is dated 8
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 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 was inducted on 5 March 1951.  He served in Korea and was
honorably discharged on 17 February 1953.

5.  The applicant's DD Form 214 shows the Korean Service Medal with three
bronze service stars and the United Nations Service Medal as authorized
awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
on his DD Form 214 shows the entry, "None.”

6.  There is no evidence in the available records which shows the applicant
was wounded or treated for wounds as a result of hostile action in Korea.

7.  The applicant’s name does not appear on the Korean War Casualty Roster.

8.  In support of his claim, the applicant provided a DVA Rating Decision,
dated 13 December 2005, which shows that service connection for bilateral
hearing loss was granted with an evaluation of 40 percent effective 13
August 2004 and service connection for tinnitus was granted with an
evaluation of 10 percent effective 13 August 2004.  This rating decision
also states, in pertinent part, that “Your service records show you may
have been exposed to loud noise artillery and aircraft noise while
stationed in Korea.”

9.  There are no service medical records available.

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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

12.  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 DVA Rating Decision provided by the applicant does not show that he
was wounded or treated for wounds as a result of hostile action in Korea.
There is no evidence of record which shows that the applicant was wounded
as a result of hostile action in Korea.  Regrettably, there is insufficient
evidence on which to base award of the Purple Heart in this case or amend
item 29 on his DD Form 214.

2.  The applicant served a period of qualifying service for award of the
National Defense Service Medal and the ROK-KWSM.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 17 February 1953; therefore, the time for the
applicant to file a request for correction of any error expired on 16
February 1956.  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.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _ML_____  _TR_____  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.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned



to show that he was awarded the National Defense Service Medal and the ROK-
KWSM.



                                  __James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002792                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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