RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060005164


      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:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald 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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Purple Heart.

2.  The applicant states that his DD Form 214 clearly shows he was wounded
in action on 7 June 1951 in Korea in item 29 (Wounds Received as a Result
of Action with Enemy Forces) and he never received the Purple Heart.


3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1951.  The application submitted in this case is
dated 3 April 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 ordered to active duty on 20 October 1950.  He served
as an infantryman in Korea and was released from active duty on 13
September 1951.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the
Army of Occupation Medal with Japan Clasp, and the Korean Service Medal
with one bronze service star as authorized awards.  Item 29 on his DD Form
214 shows the entry, "SHRAPNEL LEFT HAND 7 JUNE 1951 KUHWMA, KOREA.

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

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

8.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

9.  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.

10.  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.  Although the applicant’s name does not appear on the Korean War
Casualty Roster, the entry in item 29 on the applicant’s DD Form 214 which
shows he was wounded in action on 7 June 1951 in Korea is accepted as
sufficient evidence on which to base award of the Purple Heart.  Therefore,
the applicant is entitled to award of the Purple Heart and correction of
item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) on his DD Form 214 to show award of the
Purple Heart.

2.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.
3.  The applicant served a period of qualifying service for award of the
National Defense Service Medal and the ROK-KWSM.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 13 September 1951; therefore, the time for the
applicant to file a request for correction of any error expired on 12
September 1954.  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 time limitations on requests for award of the
Purple Heart.

BOARD VOTE:

MD_____  __JR____  __RG___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 by:

      a.  awarding him the Purple Heart for wounds received in action on
7 June 1951 in Korea; and

      b.  amending his DD Form 214 to add award of the Purple Heart, the
United Nations Service Medal, the National Defense Service Medal, and the
ROK-KWSM.



                            _Melinda Darby________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005164                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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