RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060005323


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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.


2.  The applicant states he should be awarded the Purple Heart for wounds
sustained on the battlefield.

3.  The applicant provides a copy of a 27 September 1951 letter from the
Commanding General, 2nd Infantry Division stating that he was wounded and a
copy of his DD Form 214 (Report of Separation from the Armed Forces of the
United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 January 1953, the date of his separation from active
duty.  The application submitted in this case is dated 5 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 available to the Board for review.
 Although a fire destroyed approximately 18 million service members’
records at the National Personnel Records Center in 1973.  The applicant’s
records may have been reported lost in that fire; however, although badly
damaged they are available and useable.  There are no service medical
records.  An undated, fire damaged, form indicates that a VA claim was
pending and the service medical records were to be transferred to the
Veterans Affairs Regional Office in Los Angles.

4.  He was inducted on 27 March 1951.  Following training he was
transferred to the Personnel Replacement Depot in Sasebo, Japan in August
1951.  He joined B Company, 9th Infantry, 2nd Infantry Division in Korea,
on 24 August 1951.  The applicant was awarded the Combat Infantryman Badge
on 15 September 1951.  He returned to the United States in on 14 July 1952
and was assigned briefly to A Battery, 434th Artillery, Camp Roberts,
California.

5.  The applicant was released from active duty and transferred to the
Enlisted Reserve Corps on 12 January 1953 as a corporal.  His DD Form 214,
Item
26 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons
Awarded or Authorized), shows the Korean Service Medal with two bronze
service stars, United Nations Service Medal and the Combat Infantryman
Badge. Item 29 (Wounds Received as a Result of Action with Enemy Forces)
states, “None.”

6.  His DA Form 20 Soldier’s Qualification Record) lists his qualification
in arms as a Sharpshooter with the rifle and carbine and, and as an Expert
with the (Browning Automatic Rifle).  His DA Form 230 (Service Record)
shows his Character and Efficiency ratings were “Excellent” and, at each
permanent duty station, the applicant was favorably considered for the Good
Conduct Medal.

7.  The applicant’s name is not listed on the Korean Casualty File;
however, in a 24 April 1955 application to Veterans Affairs (VA), the
applicant indicated that he had been wounded and disabled and that he had
applied for disability compensation.  Part of an associated VA disability
compensation decision notes that the applicant had later undergone
corrective surgery for a back condition “following an injury sustained in
combat”.

8.  A search of the historical files of the applicant’s unit failed to
indicate that he had been treated for a combat wound.  However, they did
show that the general officer who signed the 27 September 1951 letter to
the applicant assumed command of the 2nd Infantry Division on 20 September
1951.

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 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after 27 August 1940, for first award only, 1 year served entirely
during the period 7 December 1941 to 2 March 1946 and, for the first award
only, upon termination of service on or after 27 June 1950 of less than 3
years but more than 1 year.  At the time, a Soldier's conduct and
efficiency ratings must have been rated as "excellent" for the entire
period of qualifying service and there must have been no convictions by
court-martial.

11.  Army Regulation 600-8-22 (Military Awards) as amended 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.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

12.  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.  As evidenced by the commanding general’s letter and the VA medical
records the applicant was treated for a wound sustained as the result of
enemy action.  He should be awarded the Purple Heart.

2.  The applicant distinguished himself by his character and efficiency
ratings, his combat service and his advancement to corporal.  He should be
awarded the Good Conduct Medal.

3.  The applicant has been authorized other awards that should be added to
his
DD Form 214.  These include:  the National Defense Service Medal, Korean
War Service Medal, Expert Marksmanship Qualification Badge with Auto Rifle
Bar and
Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars.

4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 January 1956.  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:

__PBF___  __TMR__  __JCR__  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 a wound sustained in combat in
September 1951 and the Good Conduct Medal for the period ending 12 January
1953 and;


      b.  showing that, in addition to those awards already shown on his DD
Form 214, he is authorized award of the National Defense Service Medal,
Korean War Service Medal, Expert Marksmanship Qualification Badge with
Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge
with Rifle and Carbine Bars.




                            __      Peter B. Fisher __________
                                     CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005323                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/12/21                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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