RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 November 2006
      DOCKET NUMBER:   AR20060005039


      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:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 he be awarded the Purple Heart
and that his report of separation (DD Form 214) dated 31 January 1973 be
corrected to reflect all of his awards and his foreign service.

2.  The applicant states, in effect, that he should have been awarded the
Purple Heart for wounds received on 6 April 1951 and his DD Form 214 issued
on 31 January 1973 should have reflected all of his awards and decorations
and his foreign service.

3.  The applicant provides a copy of his DD Form 214 and a copy of a
medical treatment card (WDAGO Form 8-26) showing that he was treated at the
battalion aid station for being wounded in action with a shell fragment
penetrating his right thigh and left ear on 7 April 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1973.  The application submitted in this case is
dated 28 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 enlisted in Des Moines, Iowa on 19 July 1950 for a period
of 3 years.  He completed his training as an infantryman and was
transferred to Korea on 21 February 1951 for assignment to Company F, 23rd
Infantry Regiment, 2nd Infantry Division.  He was treated on 7 April 1951
at the 2nd Battalion Aid Station, 23rd  Infantry Regiment, after being
wounded in action on 6 April 1951.  He was treated for shell fragment
wounds to the right thigh and left ear and he was serving as a private at
the time.  There is no evidence in the available records to show that he
was awarded the Purple Heart for that wound; however, he was awarded the
Combat Infantryman Badge (CIB) for that action.

4.  He departed Korea on 18 March 1952 and on 18 July 1953, he was
honorably discharged at Camp Atterbury, Indiana in the rank of sergeant.
He reenlisted on 19 July 1953 and remained on active duty through a series
of continuous reenlistments.  He was promoted to the pay grade of E-7 on 22
August 1966 and he served in Vietnam with the Nha Trang Signal Battalion
from 23 July 1967 to 27 August 1968 and was transferred to Fort Bliss,
Texas.  He reenlisted on 8 September 1970.

5.  On 31 January 1973, while still at Fort Bliss, he was honorably
released from active duty (REFRAD) in the pay grade of E-7 and was
transferred to the Retired List effective 1 February 1973.  He had served
22 years, 6 months and 12 days of total active service.  His DD Form 214
issued at the time of his REFRAD indicates that his only decorations and
awards (item 24) consisted of the Good Conduct Medal Silver Clasp with one
loop.  In item 22c, under Foreign and/or sea service, the entry indicates
that the applicant had no foreign service during the period covered by the
DD Form 214 (1970 – 1973).

6.  A review of the applicant’s official records shows that the applicant
was also awarded the CIB, the Korean Service Medal (KSM) with four bronze
service stars, the United Nations Service Medal (UNSM) the National Defense
Service Medal (NDSM) with one bronze service star, the Vietnam Service
Medal (VSM) with four bronze service stars, the Republic of Vietnam
Campaign Medal (RVNCM), five overseas service bars, the Republic of Korea
Presidential Unit Citation (ROK-PUC), the Meritorious Unit Citation (MUC)
the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class
(RVNCAHM-FC) Unit Citation, the Army Commendation Medal (ARCOM) with one
oak leaf cluster (ARCOM w/1OLC), the Expert Marksmanship Badge with machine
gun and rifle bars and the Sharpshooter Marksmanship Badge with carbine and
pistol bars.

7.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

8.  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.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  The regulation in effect at the time of the applicant’s
separation provides, in pertinent part, that only overseas service
performed during the period covered by the DD Form 214 will be entered.  It
also provides that in item 24, Decorations, Medals, Badges, Commendations,
Citations and campaign Ribbons awarded or authorized, all decoration earned
by the individual during their service will be entered.  Service performed
in hostile fire zones during the period covered by the DD Form 214 will be
entered in the remarks section (item 30).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action with the enemy on 6 April 1951
while serving as a private and was treated by medical personnel for that
wound.  He was also awarded the CIB for that action in Korea.  Accordingly,
he is entitled to be awarded the Purple Heart for that wound.

2.  The applicant’s DD Form 214 dated 31 January 1973 correctly reflects
that no foreign service was performed by the applicant during the period
covered by his DD Form 214.  Accordingly, there is no basis to change that
entry.

3.  However, item 24 of that form was incorrectly prepared to reflect that
the applicant’s only award was the Good Conduct Medal Silver Clasp with one
loop. That item should reflect all awards earned during his 22+ years of
service.

4.  Additionally, the applicant is entitled to be awarded the ROK-KWSM for
his combat service in Korea in 1951 – 1952.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1976.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG __  __TR ___  ___PT __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  by awarding him the Purple Heart for wounds received in actions
against the enemy in Korea on 6 April 1951, while serving as a private.


      b.  by awarding him the ROK-KWSM and;


      c.  by showing that he was awarded the CIB, the Korean Service Medal
(KSM) with four bronze service stars, the United Nations Service Medal
(UNSM) the National Defense Service Medal (NDSM) with one bronze service
star, the Vietnam Service Medal (VSM) with four bronze service stars, the
Republic of Vietnam Campaign Medal (RVNCM), five overseas service bars, the
Republic of Korea Presidential Unit Citation (ROK-PUC), the Meritorious
Unit Citation (MUC) the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal – First Class (RVNCAHM-FC) Unit Citation, the Army Commendation Medal
(ARCOM) with one oak leaf cluster (ARCOM w/1OLC), the Expert Marksmanship
Badge with machine gun and rifle bars and the Sharpshooter Marksmanship
Badge with carbine and pistol bars.







2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
listing all of the applicant’s foreign service in item 22c, service that
was not performed during the period covered by the DD Form 214 dated 31
January 1973.




                            _____Curtis Greenway_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005039                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19730131                                |
|DISCHARGE AUTHORITY     |AR 635-200 (10 USC Sec 3914)            |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |61/PH                                   |
|107.0015                |                                        |
|2.110.0000              |189/CORR 214                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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