RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 November 2006
      DOCKET NUMBER:   AR20060005110


      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:

|     |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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in action in Korea
and desires to be awarded the Purple Heart.

3.  The applicant provides a copy of his Honorable Discharge Certificate,
his report of separation (DD Form 214), a copy of the page from the Korean
War Casualty Listing containing his name, and a list of common myths about
the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 October 1952.  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 was inducted and entered active duty at Bronx, New York
on 19 January 1951.  He completed his training as a light weapons
infantryman and departed for Japan and subsequently ended up in Korea
assigned to Company I, 180th Infantry Regiment, 45th Infantry Division.

5.  The available records show that he suffered and was treated for an
“Anxiety Reaction Concussion” on 13 June 1952 and was returned to duty.


6.  He was advanced to the rank of corporal on 24 June 1952 and was awarded
the Combat Infantryman Badge (CIB) on 28 June 1952.

7.  He departed Korea and was transferred to Camp Kilmer, New Jersey, where
he was honorably released from active duty (REFRAD) on 30 October 1952.  He
had served 1 year, 9 months and 12 days of total active service and his DD
Form 214 issued at the time of his REFRAD shows that he was awarded the
CIB, the Army Occupation Medal with Japan Clasp, the United Nations Service
Medal, and the Korean Service Medal with one bronze service star.

8.  A review of the available records fails to show or explain the
circumstances that resulted in the applicant having an anxiety reaction
concussion, which appears to be a mentally/psychologically induced
concussion that normally is associated with a perceived threat or fear of
death.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the National Defense Service Medal (NDSM) 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.

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.  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.  Notwithstanding that the applicant was reported as a casualty and his
name is contained on the Korean War Casualty Listing, the limited evidence
available suggests that the applicant suffered an anxiety reaction
concussion, which does not appear to meet the intended criteria for award
of the Purple Heart.

2.  Therefore, absent evidence to establish that he received an injury or
wound that meets the criteria for award of the Purple Heart, there appears
to be no basis to award him the Purple Heart at this time.

3.  However, the limited evidence available does establish that he is
entitled to be awarded the NDSM and the ROK-KWSM.  Accordingly, it would be
in the interest of justice to do so at this time.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 October 1955.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that 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

__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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or 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 him the NDSM and the ROK-KWSM and adding those awards
to his records.





                                  ____Margaret Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005110                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19521030                                |
|DISCHARGE AUTHORITY     |AR (SR) 615-365-5                       |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0069              |115/NDSM                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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