RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060005411


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones II             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 his records be corrected by awarding him the
Purple Heart.

2.  The applicant states he was wounded but never received the Purple
Heart.

3.  The applicant provides copies of his DD Form 214 (Report of Separation)
and a 28 November 1969 Department of Veterans Affairs (VA) disability award
letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1968, the date he was placed on the Retired List.  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 enlisted on 3 February 1948 and served continuously until
31 March 1968 at which time he was placed on the Retired List.

4.  The applicant’s DD Form 214, issued on 2 February 1952 indicates he was
wounded in action in Korea on 8 March 1951.

5.  The applicant qualified as a marksman with the M-2 carbine on 27
December 1954.

6.  The applicant underwent a retirement physical examination in December
1967 and was referred to a Medical Evaluation Board.  One of the conditions
noted at this time were residuals of a combat incurred gunshot wound to his
left arm.

7.  On 22 July 1970 the ABCMR reviewed the applicant’s request to be
medically retired.  At that time the ABCMR corrected the applicant’s
records and placed him on the Temporary Disabled Retired List (TDRL)
effective 31 March 1968.  The medical conditions noted by the ABCMR include
residuals of the 1951 gunshot wounds.

8.  The Official Military Personnel File contains four DD Forms 214 that
were issued during the applicant’s twenty years of service.  Neither of
these documents show award of the Purple Heart.

9.  The DD Forms 214 lists his awards as the Good Conduct Medal (third
award), the National Defense Service Medal with Oak Leaf Cluster, the Army
of Occupation Medal with Japan clasp, and the Korean Service Medal with
three bronze service stars.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides
that the Purple Heart is awarded to an individual who is wounded in action
against an enemy of the United States, the armed force of a foreign country
which is or has been engaged, while serving with a friendly foreign forces
against an opposing force even though the U.S. is not engaged, as the
result of any act of such enemy or opposing force or as a result an act of
any hostile foreign force.  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.

11.  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.

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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
during WW II and Korea.  A review of the applicant units failed to show
that he is authorized unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 8 March 1951 and is entitled to
award of the Purple Heart.

2.  In addition to the awards listed the applicant’s DD Forms 214; he is
authorized award of the United Nations Service Medal, the Korean War
Service Medal, and the Marksman Marksmanship Qualification Badge with
Carbine Bar.  It is appropriate to correct the records to show these
addition awards.

3.  In this case, the applicant failed to file the application within the 3-
year statute of limitations.  However, the applicant has satisfactorily
demonstrated through submission of relevant evidence that it would be in
the interest of justice to excuse the failure to timely file.

BOARD VOTE:
_
__ALR___  __QAS _  _FCJ ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 all Department of the Army records of the individual
concerned be corrected by awarding the applicant the Purple Heart.
2.  Additionally, the Board recommends that records be corrected to show
that, in addition to the awards listed on the DD Forms 214, the applicant
is also authorized award of the United Nations Service Medal, the Korean
War Service Medal, and the Marksman Marksmanship Qualification Badge with
Carbine Bar.




                            __     Allen L. Raub_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005411                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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