RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060005284


      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. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 item 29 (Wounds Received as a Result of
Action with Enemy Forces) on his DD Form 214 (Report of Separation from the
Armed Forces of the United States) be corrected to show he was wounded in
action on 26 October 1952 and not on 27 October 1952.

2.  The applicant states he was wounded in action on 26 October 1952 in
Korea.

3.  The applicant provides a document, dated 26 October 1952, pertaining to
security information of the 3rd Battalion, 31st Infantry Regiment obtained
from Casualty Reports and Supplemental documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1953.  The application submitted in this case is
dated 30 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 on 4 October 1951.  He served in Korea and
was honorably discharged on 31 December 1953.

5.  The applicant's DD Form 214 shows the Korean Service Medal with one
bronze service star, the United Nations Service Medal, the National Defense
Service Medal, and the Purple Heart as authorized awards.  Item 29 on his
DD Form 214 shows the entry, "Korea – 27 Oct 52.”  His DD Form 214 also
shows that his most significant duty assignment was Company K, 31st
Infantry Regiment.

6.  A Battle Casualty Report, dated 1 November 1952, shows the applicant
was seriously wounded in action on 27 October 1952 in Korea.  Orders, dated

3 November 1952, show the applicant received the Purple Heart for wounds
received in action on 27 October 1952.  Section 8 (Wounds Received Through
Enemy Action) on the applicant’s DD Form 230 (Service Record) shows he was
wounded on 27 October 1952.  Also, the Korean War Casualty Roster shows he
was wounded on 27 October 1952.

7.  There is no evidence of record which shows the applicant was wounded in
action on 26 October 1952 in Korea.

8.  In support of his claim, the applicant provided a document, dated 26
October 1952, pertaining to security information of the 3rd Battalion, 31st
Infantry Regiment.  This document states, in pertinent part, that on 26
October 1952 Company K, 31st Infantry Regiment came under heavy enemy
attack in Korea.  However, this document does not show that the applicant
was wounded in action on that date.

9.  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 contends that he was wounded in action on 26
October 1952 in Korea, the preponderance of evidence in this case shows he
was wounded in action on 27 October 1952 which is properly shown in item 29
on his DD Form 214.  The document provided by the applicant does not show
that he was wounded in action on 26 October 1952.  Regrettably, there is
insufficient evidence on which to amend the date in item 29 on his DD Form
214.

2.  The applicant served a period of qualifying service for award of the
ROK-KWSM.
3.  Records show the applicant should have discovered the alleged error now
under consideration on 31 December 1953; therefore, the time for the
applicant to file a request for correction of any error expired on 30
December 1956.  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.

4.  Evidence shows that the applicant’s records contain an 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CD_____  __JP____  __RN___  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the



CMSD-St. Louis administratively correct the records of the individual
concerned
to show that he was awarded the ROK-KWSM.



                                  ___Carmen Duncan______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005284                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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