RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011228


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James F. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland 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 that the Purple Heart be added to his DD Form
214 (Report of Separation from the Armed Forces of the United States).  He
also requests award of the Army Good Conduct Medal.

2.  The applicant states the Purple Heart was issued to him in May 1991.
He also believes he should have been awarded the Army Good Conduct Medal
based upon his length of service.

3.  The applicant provides his Honorable Discharge Certificate, dated 15
April 1954; his DD Form 214; a Purple Heart certificate, dated 21 May 1991;
a DA Form 1577 (Authorization for Issuance of Awards); and a Certificate of
Service from the State of New York, Office of the Adjutant General.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 May 1991, the date he was authorized issuance of the
Purple Heart.  The application submitted in this case is dated 6 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 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.  After having had prior service in the New York National Guard, the
applicant enlisted in the Regular Army on 16 April 1951 for 3 years.

5.  The applicant arrived in Korea on an unknown date.  He was promoted to
corporal on 29 January 1952.  His DD Form 214 shows he received wounds as a
result of action with enemy forces on 9 October 1952.  He departed Korea on
an unknown date.  He was honorably discharged on 15 April 1954 after
completing 3 years of creditable active service with no lost time and a
total of 5 years,          9 months, and 23 days of service creditable for
pay purposes.

6.  The applicant’s DD Form 214 shows he was awarded the Korean Service
Medal with one bronze service star, the Combat Infantryman Badge, the
United Nations Service Medal, and the National Defense Service Medal.

7.  On 21 May 1991, the applicant was authorized issuance of the Purple
Heart for wounds received in action on 9 October 1952.

8.  Army Regulation 600-65, in effect at the time, provided policy and
criteria concerning service medals.  It stated the Army Good Conduct Medal
was awarded for each 3 years of continuous enlisted active Federal military
service completed on or after 27 August 1940, for first award only; 1 year
served entirely during the period 7 December 1941 to 2 March 1946; and, for
the first award only, upon termination of service on or after 27 June 1950
of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service and there must have been no convictions
by court-martial.

9.  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 applicant’s DD Form 214 shows he was wounded in action on 9 October
1952 and he was issued the Purple Heart for those wounds on 21 May 1991.
The Purple Heart should be added to his DD Form 214.

2.  The applicant’s DD Form 214 shows he served 3 years of active duty from
  16 April 1951 through 15 April 1954.  Unfortunately, because his records
are not available it cannot be determined if he met the other eligibility
criteria required for award of the Army Good Conduct Medal.  Regrettably,
there is insufficient evidence on which to base award of the Army Good
Conduct Medal.
3.  The applicant met the eligibility criteria for award of the ROK-KWSM.
This award should also be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         20 May 1994.   The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

___JEA _  _SWF___  __RSV __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
determined during their review 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 the DD Form 214 of the individual
concerned be corrected by adding the Purple Heart and the Republic of Korea
Korean War Service Medal.

2.  The Board further determined that the evidence presented is sufficient
to award the applicant the Army Good Conduct Medal.  This determination is
based on a unanimous vote in that the applicant’s reconstructed record
offers no documents to preclude the issuance of the award.



                              __James F. Anderholm___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011228                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Shatzer                             |
|ISSUES         1.       |110.04                                  |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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