RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060006244


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. 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 he be awarded the Purple Heart for being
injured in combat in Korea and also the Combat Infantryman Badge as a
member of an Infantry unit.

2.  The applicant states his discharge paper shows his wounds received in
combat as a result of the enemy.  He further relates that he never pursued
getting his records corrected until a representative encouraged him to get
it changed as he was entitled to it for duty performed for our country.

3.  The applicant provides a statement in his behalf in response to a
National Personnel Records Center (NPRC) letter; a letter from NPRC, dated
28 April 2006, verifying entitlement to the National Defense Service Medal
and indicating they were unable to verify entitlement to the Purple Heart;
a copy of his DD Form 214 (Report of Separation from the Armed Forces of
the United States); page 28 and 29 of a Casualty Listing; a newspaper
clipping; 2 letters to the applicant's mother regarding his wounds and
hospitalization; and a letter dated 21 April 1969 from the Veterans
Administration (now known as the Department of Veterans Affairs) with
enclosure.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 December 1953.  The application submitted in this case
is dated
6 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.  This case is
being considered using reconstructed records, which primarily consist of
documents supplied by the applicant.
4.  On 3 December 1951, the applicant enlisted in the Regular Army for a
period of 2 years.  He apparently completed all required training and was
subsequently assigned to Korea.  He was assigned to the 32nd Infantry
Regiment as indicated in the Casualty Listing supplied by the applicant and
also the newspaper clipping. The Official Casualty Listing obtained by the
Army Board for Correction of Military Records also shows he was assigned to
an Infantry unit.  The Casualty Listing supplied by the applicant shows his
military occupational specialty (MOS) as being 01745, Light Weapons
Infantry Leader.

5.  On 2 December 1953, the applicant was honorably released from active
duty and transferred assigned to the U.S. Army Reserve.  His DD Form 214
shows he was awarded the National Defense Service Medal, the Korean Service
Medal with one bronze service star, and the United Nations Medal (United
Nations Service Medal).  Item 29 (Wounds) shows wounds to the face and left
lower leg on 24 January 1953.

6.  Two separate Casualty Listings show the applicant as being wounded on
24 January 1953 as a result of enemy fire.  His DD Form 214 also verifies
this fact.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

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.  Three official documents indicate that the applicant was wounded on
24 January 1953 as a result of enemy fire.  The applicant should have been
awarded the Purple Heart.  In the interest of justice it would be
appropriate at this time to award the applicant the Purple Heart and have
this decoration added to his DD Form 214.

2.  Notwithstanding the fact that the applicant's DD Form 214 shows his MOS
was 1510, Antiaircraft Intelligence Chief, and his most significant
assignment was 179th Anti Aircraft Artillery Operations Detachment, there
is evidence in the Casualty Listings and the newspaper clipping sent in by
the applicant that he was a member of the Infantry at the time he was
wounded.  It was not uncommon for a Soldier to be wounded and then later to
be reclassified to another MOS and work in that MOS until separation from
active duty.  Based on the available documentation it would be in the
interest of justice to award the applicant the Combat Infantryman Badge and
to have this decoration added to his DD Form 214.

3.  The applicant served within a time frame authorized for award of the
Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to
a correction of his records to reflect this award and to have it added to
his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 December 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:

__cd____  __jlp___  __rmn___  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 the applicant the Purple Heart and the Combat
Infantryman Badge; and

      b.  adding the Purple Heart, the Combat Infantryman Badge, and the
Republic of Korea – Korean War Service Medal to his DD Form 214.



                                  Carmen Duncan
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006244                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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