RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007126


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for injuries
received in combat in Korea during the summer of 1953.  He contends that he
was assigned to the 60th Medical Unit as a medic and while on patrol with
an infantry unit he stepped on a mine.  He was taken to a field hospital
for treatment and a four star General visited the hospital and left a
Purple Heart on his bed.  He states that since he was in a different field
hospital than his medical command the orders for the Purple Heart never
reached his unit.

3.  The applicant provides a sworn affidavit from his sister, dated 6 May
2006; and a copy of his DD Form 214 (Report of Separation from the Armed
Forces of the Untied States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 August 1962.  The application submitted in this case is dated 6 May 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 was inducted on 18 September 1952.  He served as a medic
in Korea from 15 March 1952 through 16 July 1954.  On 6 August 1954, he was
released from active duty and transferred to the U.S. Army Reserve.

4.  The applicant's DD Form 214 for the period ending 6 August 1954 shows
the Combat Medical Badge, the Korean Service Medal, the United Nations
Service Medal, the National Defense Service Medal, the Republic of Korea
Presidential Unit Citation, and the Good Conduct Medal as authorized
awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
on his DD Form 214 shows the entry, "None.”

5.  There is no evidence in the available records which shows the applicant
was wounded or treated for wounds as a result of hostile action in Korea.
6.  Section 8 (Wounds Received Through Enemy Action) on his DD Form 230
(Service Record) is blank.  His name does not appear on the Korean War
Casualty Roster.

7.  In support of his claim, the applicant provided a sworn affidavit from
his sister, dated 6 May 2006.  She attests that she remembers her mother
being notified that the applicant had been wounded while serving in Korea.
She believes they were notified by telegram and it caused great concern in
her family until it was determined that he would recover.

8.  There are no service medical records available.

9.  Records show the applicant participated in four campaigns during his
assignment in Korea.

10.  The applicant was ordered to active duty on 25 September 1961 and
released from active duty on 9 August 1962.  His DD Form 214 (Report of
Transfer or Discharge) for the period ending 9 August 1962 shows the Army
Commendation medal and the Expert Marksmanship Qualification Badge with
Rifle Bar as authorized awards.  The applicant was retired from the U.S.
Army Reserve and placed on the retired list on 10 June 1992.

11.  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, and the medical treatment must have been made a matter of
official record.

12.   Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

13.  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.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Korea.  In the
absence of orders or other evidence of record showing that the applicant
was injured or treated for wounds as a result of hostile action, the sworn
affidavit provided by the applicant’s sister is not sufficient as a basis
for award of the Purple Heart.  Regrettably, there is insufficient evidence
on which to base award of the Purple Heart in this case.

2.  The applicant participated in four campaigns during his assignment in
Korea which entitles him to award of the Korean Service Medal with four
bronze service stars.

3.  The applicant served a period of qualifying service for award of the
ROK-KWSM.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 9 August 1962; therefore, the time for the applicant
to file a request for correction of any error expired on 8 August 1965.
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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CG_____  __TR___  ___PT___  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.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned
to show that he was awarded the Korean Service Medal with four bronze
service stars and the ROK-KWSM on his DD Form 214 for the period ending
9 August 1962.



                                  ____Curtis Greenway___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007126                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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