RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 March 2007
      DOCKET NUMBER:  AR20060011803


      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            |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas M. Ray                 |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. James R. Hastie               |     |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, the wife of a deceased former service member (FSM),
requests correction of her late husband's DD Form 214 (Report of Separation
from the Armed Forces of the United States) to show award of the Purple
Heart.

2.  The applicant states, in effect, that the FSM was never awarded the
Purple Heart after being wounded in combat.

4.  The applicant provides a copy of the FSM's Death Certificate, the FSM's
Marriage License, and DD Form 214 (Report of Separation from the Armed
Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1954.  The application submitted in this case is
dated 3 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.  The FSM's DD Form 214 shows he enlisted into the Army of the United
States on 28 December 1951.  The FSM completed basic combat training and
advanced individual training and was awarded military occupational
specialty (MOS) 1745 (Light Weapons Infantryman).

4.  On 6 December 1956, the FSM was retired with a permanent disability
from active duty after completing a total of 2 years, 3 months, and 3 days
of active military service.  The DD Form 214 he was issued shows he earned
the United Nations Service Medal, the Korean Service Medal with 2 bronze
service stars, the Combat Infantryman Badge, and the National Defense
Service Medal.
5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the FSM’s DD Form 214 does not
show award of the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is an injury to any part of the body from an outside
force or agent sustained under conditions defined by this regulation.  In
order to support awarding a member the PH, it is necessary to establish
that the wound, for which the award is being made, required treatment by a
medical officer.  This treatment must be supported by records of medical
treatment for the wound or injury received in action, and must have been
made a matter of official record.  This regulation also states that there
are no time limitations on requests for award of the Purple Heart.

7.  The Korean Casualty Roster shows the FSM was wounded by enemy action on
16 May 1953.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the FSM’s DD Form 214 shows that the FSM was wounded in Korea on 15 May
1953.

9.  A review of the FSM's records indicates entitlement to additional
awards and decorations not shown on this DD Form 214 or DD Form 215.

10.  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 contends that the FSM is entitled to correction of his
records to show award of the Purple Heart.  The Korean Casualty Roster
shows the FSM was seriously wounded in enemy action on 15 May 1953.
Therefore, his records should be corrected to show this award.

2.  Records show the FSM served a qualifying period of service for award of
the Republic of Korea - Korean War Service Medal.  Therefore, he is
entitled to correction of his records to show this award.

3.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 31 March 1954; therefore, the time for
the FSM to file a request for correction of any error or injustice expired
on 30 March 1957.  Although the FSM did not file within the ABCMR’s statute
of limitations, it is appropriate to waive failure to timely file based on
the fact there are no time limitations on requests for award of the Purple
Heart.

BOARD VOTE:

___TMR__  __JCR__  ___JRH_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's 3-
year statute of limitations in this case.

2.  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 showing award of the:

      a.  Purple Heart for wounds received in action on 15 May 1953;


      b.  Republic of Korea - Korean War Service Medal; and


      c.  providing the FSM's wife a corrected separation document to show
these awards.




                            _____Thomas M. Ray______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060011803                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/01                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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