RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060007130


      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:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Purple Heart.  He also requests that item 29 (Wounds Received as a Result
of Action with Enemy Forces) on his DD Form 214 be corrected to show he was
wounded in the chest.

2.  The applicant states, in effect, that he was wounded in combat in Korea
and his DD Form 214 does not show the Purple Heart.  He also states that
item 29 on his DD Form 214 shows that he was wounded in the head and
abdomen; however, he contends that he was also wounded in the chest and
that he still has a piece of steel in his chest.

3.  The applicant provides a copy of his DD Form 214 and a letter, dated 3
April 2006, from the National Personnel Records Center in St. Louis,
Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
18 April 1955.  The application submitted in this case is dated 9 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’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.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  Having prior service, the applicant reenlisted on 13 September 1950.
He served as an infantryman in Korea and was honorably discharged on 18
April 1955.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the
Army of Occupation Medal with Germany Clasp, the Korean Service Medal with
three bronze service stars, the United Nations Service Medal, and the
National Defense Service Medal as authorized awards.  Item 29 on his DD
Form 214 shows the entry, "Shrappnell (sic) wounds in head & abdomen 18 May
51 Wanju Korea.”

6.  The available records contain a letter, dated 7 September 2006, from
the Chief, Military Awards Branch, U.S. Army Human Resources Command which
shows the applicant was awarded the Purple Heart based on an entry in the
Korean War Casualty File.  This letter also states that permanent orders
announcing the award, the Purple Heart certificate, an engraved medal set,
and a DD Form 215 (Correction to DD Form 214) were issued.  Therefore, this
portion of the applicant’s request will not be discussed further in these
Proceedings.

7.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized on 18 May 1951 in Korea for wounds to his face, thoracic wall
(chest), and abdomen.

8.  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.  The entry on the Office of The Surgeon General Hospital List which
shows the applicant was wounded in his thoracic wall on 18 May 1951 in
Korea is accepted as sufficient evidence on which to amend item 29 on his
DD Form 214.  Therefore, item 29 on the applicant’s DD Form 214 should be
corrected to show he was also wounded in the chest.

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

3.  Records show the applicant should have discovered the alleged error now
under consideration on 18 April 1955; therefore, the time for the applicant
to file a request for correction of any error expired on 17 April 1958. 
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:

MD____  __JR____  __RG___  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.  deleting the entry in item 29 on his DD Form 214;

      b.  adding the entry, “Shrapnel wounds in the head, chest, and
abdomen, 18 May 1951, Wanju, Korea” in item 29 on his DD Form 214; and

      c.  amending item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) to add the ROK-KWSM.



                            ___Melinda Darby_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007130                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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