RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060005051


      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. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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, correction of his records to show
award of the Purple Heart, the Combat Infantryman Badge, and a combat rifle
badge.

2.  The applicant states he received shrapnel wounds in his left knee
during combat mortar rounds in Dagmar, Korea and received the Purple Heart
for these wounds.  He states he never received any paperwork for the Purple
Heart, but he received the ribbon, the medal, and the lapel pin.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a photograph of the Purple
Heart and other medals; and a self-authored letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 July 1953.  The application submitted in this case is dated 29 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 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 Army on 4 October 1951 and held military
occupational specialty 1745 (Squad Leader).  He served in Korea from July
1952 to July 1953.  His DD Form 214 shows his branch as Infantry.

5.  The applicant was honorably released from active duty on 6 July 1953.
His DD Form 214 shows the Korean Service Medal with two bronze service
stars and the United Nations Service Medal.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on
the applicant’s DD Form 214 shows the entry “None.”  The applicant’s name
is not listed on the Korean Casualty Roster.

7.  There is no evidence of record available which shows the applicant
qualified with the rifle.

8.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge.  That paragraph states that there are basically three
requirements for award of the Combat Infantryman Badge.  The Soldier must
be an infantryman satisfactorily performing infantry duties, he must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

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.  Effective 1 January 2006, the U.S. Army was authorized to award
the ROK-KWSM to eligible U.S. Army veterans or their next of kin.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant and his name is not listed on the Korean Casualty Roster.

2.  The applicant contends he received shrapnel wounds in his left knee
during combat mortar rounds in Dagmar, Korea; however, there are no medical
documents or other evidence which verify he was wounded or injured as a
result of hostile action.  Regrettably, there is insufficient evidence on
which to correct his records to show award of the Purple Heart.

3.  The applicant’s DD Form 214 shows he held an infantry MOS.  However,
there is insufficient evidence to verify he was assigned to an infantry
unit during combat in Korea.  Therefore, there is no basis for correcting
his DD Form 214 to show the Combat Infantryman Badge.

4.  There is no evidence of record available which shows the applicant
qualified with the rifle.  There are no orders which show he was awarded a
combat rifle badge.  Therefore, there is insufficient evidence to base
correction of his DD Form 214 to show a combat rifle badge.

5.  The applicant completed a period of honorable service from 4 October
1951 through 6 July 1953.  Therefore, he has met the eligibility criteria
for award of the National Defense Service Medal and the ROK-KWSM.

6.  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.


7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 July 1953; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 July 1956.  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:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MP______  RR______  EF______  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 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 National Defense Service Medal and the ROK-KWSM.




                                  Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005051                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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