RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011110


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Ronald S. Venable             |     |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 he should have been awarded the Purple Heart for
an injury he received in combat and for which he has been awarded
disability compensation.  He was treated by his platoon medic, and no
record was made in his medical records.

3.  The applicant provides a Department of Veterans Affairs (DVA) Rating
Decision dated 28 April 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1953.  The application submitted in this case
is dated   1 August 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.  After having had prior service the applicant was called to active duty
on 1 April 1952 as a commissioned officer.  He arrived in Korea around
April 1953 and was assigned to Company K, 179th Infantry Regiment as an
infantry platoon leader.

4.  The applicant was awarded the Bronze Star Medal with “V” device on
Headquarters, 45th Infantry Division General Order Number 426 dated
     23 July 1953.

5.  The applicant departed Korea on or about 10 November 1953.  His WD AGO
Form 66 (Officer’s, Warrant Officer’s, and Flight Officer’s Qualification
Record) shows he was credited with participation in two campaigns.

6.  The applicant was released from active duty on 4 December 1953.  His DA
AGO Form 214 (Report of Separation from the Armed Forces of the United
States) shows he was awarded the Korean Service Medal with one bronze
service star, the Combat Infantryman Badge, the United Nations Service
Medal, the National Defense Service Medal, and one overseas service bar.

7.  The applicant’s name is not listed on the Korean War Casualty Roster.

8.  The applicant provided a DVA Rating Decision that shows he was awarded
service connection for tinnitus and bilateral hearing loss.  The Rating
Decision states, in part, that “the examiner provided an opinion that your
hearing loss is consistent with injury in 1953, of a large tank gun that
discharged nearby that caused ringing and decreased….”

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded to any member of an Armed Force who has been wounded or killed in
any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.  When contemplating an award of the Purple Heart, the key
issue commanders must take into consideration is the degree to which the
enemy caused the injury.  The fact the proposed recipient was participating
in direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II and the Korean War.  This document shows that
the 179th Infantry Regiment was cited for award of the Republic of Korea
Presidential Unit Citation for the period 10 December 1951 through 31 July
1953 on Department of the Army General Orders Number 30 dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show the applicant was wounded as a
result of hostile action.  The applicant provided a DVA Rating Decision
that states, in part, that “the examiner provided an opinion that your
hearing loss is consistent with injury in 1953, of a large tank gun that
discharged nearby that caused ringing and decreased….”  However, this is
insufficient evidence to show that his injury was caused by the enemy or by
the enemy sufficiently to a degree that would warrant award of the Purple
Heart.  Regrettably, there is insufficient evidence upon which to base
award of the Purple Heart.

2.  The evidence of record shows the applicant was awarded the Bronze Star
Medal with “V” device, which is not shown on his DA AGO Form 214.  The
evidence of record also shows he participated in two campaigns while in
Korea, making him eligible for wear of two bronze service stars on the
Korean Service Medal, not one bronze service star as shown on his DA AGO
Form 214.  His DA AGO Form 214 should be amended to add these awards.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Korea Presidential Unit Citation.  This unit
award should be added to his DA AGO Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      3 December 1956.  Although the applicant did not
file within the 3-year 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

__jea___  __swf___  __rsv___  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the DA AGO Form 214 of the
individual concerned to show he is eligible to wear two bronze service
stars on his already-awarded Korean Service Medal and to add the Bronze
Star Medal with “V” device and the Republic of Korea Presidential Unit
Citation.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011110                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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