RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010169


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in Korea in August
1950, and was never awarded the PH.

3.  The applicant provides his 6 March 1952 separation document (DD Form
214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 May 1967, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated
11 July 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 record shows he was REFRAD for the purpose of
retirement on 31 May 1967, after completing a total of 20 years and 21 days
of active military service.

4.  The applicant's Service Record (WD AGO Form 24A) for the period 6 March
1948 through 6 March 1952 shows he served in Korea from 4 July 1950 through

5 September 1951.  Section 8 (Wounds Received Through Enemy Action) is
blank, and Section 21 (Medals, Decorations and Citations) does not include
the PH, but shows that during this period, he earned the Army of Occupation
Medal (AOM) with Japan Clasp, Combat Infantryman Badge (CIB), Bronze Star
Medal (BSM), Korean Service Medal with 3 bronze service stars,
Distinguished Unit Badge (DUB), and Republic of Korea Presidential Unit
Citation (ROKPUC).

5.  On 6 March 1952, the applicant was honorably discharged after
completing
3 years, 11 months, and 21 days during this period of enlistment.  The list
of awards contained in Item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he
was issued at the time does not include the PH.  Item 29 (Wounds Received
As a Result of Action with Enemy Forces) contains the entry "None", and the
applicant authenticated this document with his signature in Item 48
(Signature of Person Being Separated) on the date of his separation.

6.  The applicant's Enlisted Qualification Record (DA Form 20), which was
prepared on the applicant on 24 June 1965 shows he served in Japan and
Korea for 45 months between 1 May 1948 and 14 February 1952.  Item 40
(Wounds) is blank and Item 41 (Awards and Decorations) does not include the
PH.  The applicant last audited this record on 29 June 1965.

7.  On 31 May 1967, the applicant was honorably REFRAD for the purpose of
retirement.  The list of awards contained on the DD Form 214 he was issued
at the time does not include the PH, and the applicant authenticated this
document with his signature on the date of his separation.

8.  During the review of this case, a member of the Board staff reviewed
the Department of the Army (DA) Korean War Casualty Roster.  The
applicant's name was not included on this list of Korea battle casualties.


9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that in order to support
award of the PH, there must be evidence that the wound for which the award
is being made was received as a result of enemy action, that the wound
required treatment by military medical personnel and that a record of this
treatment was made a matter of official record.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 9-5 contains guidance on the United Nations Service
Medal (UNSM).  It states, in pertinent part, that it was awarded to those
members dispatched to Korea on behalf of the United Nations in the action
in Korea.  It further stipulates that members awarded the Korean Service
Medal automatically establishes eligibility for the United Nations Service
Medal.

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, and the Department of Defense approved acceptance and wear of
this award.  To qualify for the ROK-KWSM, the veteran must have served in
Korea for 30 consecutive days or 60 non-consecutive days between 25 June
1950 and
27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was wounded in Korea in August of
1950 and is therefore entitled to the PH was carefully considered.
However, by regulation, in order to award a PH, it is necessary to
establish that the wound for which the award is being made was received as
a result of enemy action, that the wound was treated by military medical
personnel, and that the record of medical treatment was made a matter of
official record.

2.  Section 8 of the applicant's Service Record is blank, which indicates
he was never wounded in action.  The PH is not included in the list of
awards contained in Item 27 of his 6 March 1952 DD Form 214 and Item 29
contains the entry "None", which indicates he was not  wounded in action in
Korea.  The applicant authenticated the DD Form 214 with his signature in
Item 48 on the date of his separation.  In effect, his signature was his
verification that the information contained on the separation document, to
include the Item 27 and Item 29 entries, was correct at the time the
document was prepared and issued.  In addition, his name is not included on
the Korean War Casualty Roster, the official DA list of Korea battle
casualties.  Therefore, absent any evidence confirming he was wounded in
action, or treated for a combat related wound or injury while serving on
active duty, the regulatory burden of proof necessary to support award of
the PH has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 31 May
1967, the date of his retirement.  Therefore, the time for him to file a
request for correction of any error or injustice expired on 30 May 1970.
He failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

4.  The evidence confirms that based on his service Korea, the applicant is
entitled to the UNSM and ROK-KWSM.  The omission of these awards from his
separation document is an administrative matter that does not require Board
action.




5.  The Case Management Support Division (CMSD), St. Louis, Missouri, will
administratively correct his record to add the awards listed in the
preceding paragraph as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF __  __WFC  _  ___DED    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart.  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the United Nations Service Medal and
Republic of Korea - Korean War Service Medal; and by providing him a
correction to his separation document that includes these awards.




                                  _____Hubert O. Fry_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060010169                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/05/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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