RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060004185


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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 that he be awarded the Purple Heart.

2.  The applicant states that while on a combat mission during the Korean
War, a mortar round exploded in front of his lieutenant.  The explosion
ripped his lieutenant in half and threw him backwards, hitting the
applicant.  That caused the applicant to fall backwards and land on a rock,
injuring his back.

3.  The applicant provides his Department of Veterans Affairs (VA) rating
decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 August 1952.  The application submitted in this case is dated
6 March 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 records could not be located and are presumed to have
been destroyed during the fire at the records repository in 1973.  However,
the applicant’s separation document is available for the Board’s review and
is sufficient to consider the applicant’s case.

4.  The applicant was inducted and entered active duty on 8 November 1950.
He was promoted to sergeant and was honorably released from active duty on
8 August 1952.

5.  The applicant’s separation document shows, in pertinent part, that the
applicant was awarded the Korean Service Medal with 1 bronze service star
and the Combat Infantryman Badge.  His separation document, Item 29, Wounds
Received As A Result Of Action With Enemy Forces, has “None” entered.

6.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
wounds 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 by a medical officer, and the
medical treatment must have been made a matter of official record.  There
is no statute of limitations for the award of the Purple Heart.

7.  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
Republic of Korea Korean War Service Medal.  To qualify for award of the
Republic of Korea - 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not submitted any documentation to substantiate his
contention that he was injured when a mortar explosion ripped his
lieutenant in half and threw him backwards, hitting him and causing him to
fall on a rock.

2.  The applicant’s separation document specifically states that he was not
wounded while on active duty.

3.  In the absence of corroborating evidence, there is insufficient
documentation to grant the applicant’s request.

4.  The applicant is entitled to award of the Korean War Service Medal.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 August 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 August 1955.  The applicant did not file within the 3-year
statute of limitations; however, since there is no statute of limitations
for award of the Purple Heart, 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

____mmd_  ___jcr__  ___rdg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
excuse failure to timely file.

2.  The Board further determined that the evidence presented is
insufficient to warrant the requested relief.  As a result, the Board
recommends denial of the applicant’s request.

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 to show the award of the Korean War Service Medal.





                            __________Melinda M. Darby____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004185                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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