RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008923


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 and the Republic of Korea Presidential Unit Citation.

2.  The applicant states that his discharge certificate needs to include
the Purple Heart and the South Korean Presidential Unit Citation.

3.  The applicant provides a copy of his DD Form 214; a letter from the
Disabled American Veterans, Denver, Colorado; and his Clinical Data Sheet
from the Naval Hospital in the U.S.S. Consolation (AH-15).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 4 November 1953.  The application submitted in this case is dated 12
June 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.  The applicant enlisted in the Regular Army on 1 June 1950.  He served
in Korea and completed 2 years, 6 months and 24 days of foreign service.

5.  The applicant’s Clinical Data Sheet shows he was admitted to the Naval
Hospital in the U.S.S. Consolation on 29 January 1951 for a gunshot wound
to his right thigh.  This document indicates he was shot by a sniper.

6.  The applicant’s name is listed on the Korean Casualty Roster and shows
he was wounded on 26 January 1951 in South Korea.  This roster also shows
he sustained an injury on 16 October 1951 in North Korea.

7.  The applicant was honorably discharged from active duty on 4 November
1953.  His DD Form 214 shows he was awarded the United Nations Service
Medal, the National Defense Service Medal, the Combat Infantryman Badge,
and the Korean Service Medal with three bronze service stars.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on
the applicant’s DD Form 214 shows the entry “None.”

9.  A health record research project, commonly referred to as the "SGO
Files", involved transposing the hospital admission card data from the
periods of World War II and the Korean conflict onto magnetic tape.  In
1988 the National Research Council made these tape files available to the
National Personnel Records Center (NPRC).  The availability of the
information to the NPRC received considerable publicity by the various
veterans service organizations.  It was widely believed that these tapes
would become a valuable substitute for the records lost in the NPRC fire of
1973.  These records show the applicant sustained a battle injury on 26
January 1951 in Korea and a non-battle injury on 16 October 1951 in Korea.

10.  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 is no statute of limitations on
requests for award of the Purple Heart.

11.  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 are no orders which authorize award of the Purple Heart to the
applicant.  His name is listed on the Korean Casualty Roster.  Although his
name is listed twice on the roster, one entry is for a battle injury on 26
January 1951 in South Korea and one entry is for a non-battle injury on 16
October 1951 in North Korea.

2.  The applicant’s Clinical Data Sheet indicates he sustained a gunshot
wound to his right thigh.  Therefore, this evidence is sufficient as a
basis for award of the Purple Heart.

3.  The applicant’s request for the Republic of Korea Presidential Unit
Citation is noted.  However, it cannot be determined the exact unit to
which the applicant was assigned during the Korean War.  Therefore, there
is insufficient evidence on which to grant award the of Republic of Korea
Presidential Unit Citation.

4.  The applicant completed a period of honorable service from 1 June 1950
through 4 November 1953 and served in Korea during this period.  Therefore,
he met the eligibility criteria for award of the ROK-KWSM.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 November 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 November 1956.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

PF______  TR______  JR______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 him the Purple Heart for wounds received on 26 January
1951;

      b.  amending his DD Form 214 to show the Purple Heart and the
ROK-KWSM; and

      c.  amending item 29 on his DD Form 214 to show the entry “Korea,
26 January 1951.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Republic of Korea Presidential Unit Citation.




                            Peter Fisher__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008923                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0092                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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