RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060005676


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William f’                    |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, award of the Purple Heart.

2.  The applicant states, in effect, he never received the Purple Heart for
his injury.  He received a gunshot wound to the chest during the Korean War
and he spent 5 months in Osaka, Japan.  He served his country and spent 5
months in the hospital and then several months recovering.

3.  The applicant provides no documentation in support of the application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, award of the Purple Heart to the
applicant.

2.  Counsel states, in effect, that the former service member (FSM) served
on active duty from 6 June 1951 to 7 June 1954, at which time he was
discharged as a result of completion of enlistment.  The DD Form 214 of
record reflects the award of the Korean Service Medal with one bronze
service star, the National Defense Service Medal, and the United Nations
Service Medal.  The award of these medals lends to the credibility of the
FSM’s argument that he was wounded, June 1952, while serving in combat in
Korea.  The FSM’s service medical records are not in his file.  Counsel
asks the Board to defer this case for additional development.  Counsel also
asks that the FSM provide the Board with a copy of his medical records so
that a fair and impartial determination can be made in his case.  The
original service medical records are more than likely maintained within the
local Department of Veterans Affairs in Maine.

3.  Counsel provides a copy of the applicant's DD Form 214 (Report of
Separation from the Armed Forces of the United States) in support of the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 June 1954, the date of his discharge from active duty.
The application submitted in this case is dated 12 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.  Information
herein was obtained from the DD Form 214 submitted by counsel.

4.  The DD Form 214 shows the applicant enlisted in the Regular Army, in
pay grade E-1, on 6 June 1951, for 3 years.  He served with the 936th Field
Artillery Battalion during the Korean War for 10 months and 25 days.  He
was advanced to pay grade E-2 on 5 October 1951 and to E-3 on 15 January
1952.

5.  The applicant was honorably discharged from active duty, as a private
first class (temporary), on 7 June 1954, at the expiration of his term of
service.

6.  Entries on the applicant's DD Form 214 do not show he was wounded in
action or awarded the Purple Heart.  Item 27 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists
the following awards:  the Korean Service Medal with one bronze service
star, the National Defense Service Medal, and the United Nations Service
Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
shows the entry, "None."

7.  There are no service medical records to show that he was wounded or
treated for wounds as a result of hostile action or was awarded the Purple
Heart.

8.  The Korean War Casualty List does not show the applicant’s name as
wounded as a result of enemy action.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against the enemy or
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.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.
10.  There is no indication in the provided documents that he was awarded
the Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his unit commander for award of the Good Conduct Medal.
The documentation shows that the applicant was promoted on time and had no
lost time during his total length of service.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  The regulation states that, after 27 August 1940, three years of
qualifying service was required for award of the Good Conduct 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.  By regulation, to be awarded the Purple Heart, it is necessary to
establish that a Soldier was wounded or injured in action.  There is no
evidence of record, and the applicant has provided insufficient evidence,
which shows that he was awarded the Purple Heart or that he was wounded or
treated for wounds as a result of hostile action during the Korean War.
The applicant's name is not recorded on the Korean War Casualty File and
Item 29 of his DD Form 214 has the entry, "None" to indicate he did not
receive a wound in action against a hostile force.  Based on the foregoing,
the applicant did not meet the regulatory requirements for award of the
Purple Heart; therefore, he is not entitled to this award.

2.  Careful consideration was given to the statements provided by the
applicant and his counsel.  However, given the lack of any corroborating
evidence of record from other independent sources, those statements alone
are not sufficient to meet the regulatory burden of proof necessary to
support the award of the Purple Heart.

3.  Based on the applicant's advancements and completion of a period of
qualifying service, it would be appropriate to correct his records to show
the first award of the Good Conduct Medal for the period 6 June 1951 to 5
June 1954.

4.  The evidence shows the applicant met the criteria for award of the
Korean War Service Medal.  He is therefore entitled to award of this medal
and to have it added to his DD Form 214.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 June 1954, the date of his discharge
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 6 June 1957.  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
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__AM___  _DLL  ___  __WFC__  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 award of the
Purple Heart.
2.  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 to show award of the Good Conduct Medal for the period 6 June
1951 to 5 June 1954 and the Korean War Service Medal.




                                  ____William F. Crain____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005676                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/NOTE                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.15                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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