RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 November 2006
      DOCKET NUMBER:   AR20060005732


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 his report of separation (DD
Form 214) be corrected to reflect his award of the Purple Heart and all of
his other awards that are not reflected.

2.  The applicant states, in effect, that he was awarded the Purple Heart
and other awards that are not reflected on his DD Form 214.

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 30 June 1956.  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.  He was inducted at Fort Buchanan, Puerto Rico on 26 October 1950.  He
completed his training in Puerto Rico and was transferred to Korea on 4
April 1951 for assignment as an aidman to Medical Company, 65th Infantry
Regiment, a Puerto Rico Army National Guard unit assigned to the 3rd
Infantry Division.

4.  On 19 November 1951, the applicant was wounded in action with the enemy
when he sustained a shrapnel wound to the left eye, which resulted in a
loss of his left eye.  He was medically evacuated to the United States and
was fitted with a plastic eye prostheses on 15 January 1952 at Brooke Army
Hospital, Fort Sam Houston, Texas.

5.  On 23 December 1952, he was honorably discharged in the rank of
corporal for the purpose of immediate reenlistment in the Regular Army.  He
had served 2 years, 1 month and 28 days of total active service and his DD
Form 214 issued at the time of his discharge shows he was awarded the
Combat Medical Badge (CMB), the Korean Service Medal with two bronze
service stars and the United Nations Service Medal (UNSM).  However, his
personnel records also show that he was awarded the Purple Heart and his
name is contained on the Korean War Casualty Roster.

6.  He reenlisted in the Regular Army on 24 December 1952 for a period of
6 years and assignment in Puerto Rico.  He was promoted to the pay grade of

E-5 on 14 June 1954.

7.  On 30 June 1956, he was honorably released from active duty (REFRAD)
and was transferred to the Retired List effective 1 July 1956, by reason of
permanent physical disability (40%).  He had served 5 years, 8 months and 5
days of total active service and his DD Form 214 issued at the time of his
REFRAD indicates that he was awarded the National Defense Service Medal and
the Good Conduct Medal.

8.  Army Regulation 600-8-22 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.  This
regulation also provides that there are no time limitations for requests
for award of the Purple Heart.

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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register-Korean War) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Korean
Conflict.  The pamphlet indicates that subsequent to the applicant’s
departure from Korea, his unit was awarded the Meritorious Unit
Commendation (MUC), the Republic of Korea Presidential Unit Citation (ROK-
PUC) and the Presidential Unit Citation (PUC).


DISCUSSION AND CONCLUSIONS:

1.  Although the available records do not contain orders awarding him the
Purple Heart, his records show his wound, hospital admission and treatment,
the annotation of award of the Purple Heart and his name is contained on
the Korean War Casualty Listing.  Therefore, it is reasonable to presume
that he was awarded the Purple Heart as he contends and that the failure to
enter that award on his DD Form 214 was the result of an administrative
oversight.

2.  Accordingly, it would be in the interest of justice to correct his
records at this time to show his award of the Purple Heart.

3.  Additionally, the evidence of record shows that he was also entitled to
award of the ROK-KWSM, the MUC, the ROK-PUC and the PUC and to have his
records corrected accordingly.

4.  Therefore, in the interest of clarity and to reduce confusion, it would
be appropriate to add all of the applicant’s awards to the DD Form 214
dated 30 June 1956, the last DD Form 214 he was issued.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 December 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 December 1955.  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:

__TP ___  __PF  ___  ___LD __  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 showing on his DD Form 214 dated 30
June 1956, that he was awarded the Purple Heart and by awarding him the ROK-
KWSM, the MUC, the ROK-PUC and the PUC.




                            _____Thomas Pagan________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005732                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19560730                                |
|DISCHARGE AUTHORITY     |AR 635-40A                              |
|DISCHARGE REASON        |Permanent Disability Retirement         |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0031              |77/puc                                  |
|3.107.0034              |80/muc                                  |
|4.107.0092              |138/rokpuc                              |
|5.                      |                                        |
|6.                      |                                        |


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