RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060011968


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 action in Korea,
which is verified by the entry in Item 29 (Wounds Received As a Result of
Action with Enemy Forces) of his separation document (DD Form 214).

3.  The applicant provides a copy of his 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 26 July 1952, the date of his separation.  The application
submitted in this case is dated 15 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 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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consists of
the applicant's 26 July 1952
DD Form 214.

4.  The applicant's DD Form 214 shows that he was inducted into the Army
and entered active duty on 25 October 1950.  Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of shows he earned the following awards during his active duty
tenure:  Combat Infantryman Badge, Korean Service Medal with 2 bronze
service stars; and United Nations Service Medal (UNSM).

5.  Item 28 of the applicant's DD Form 214 contains the entry "Korea 15
October 1951."  The separation document also shows that he held the rank of
corporal and had completed 1 year, 9 months, and 2 days of active military
service as of the date of his separation, which was 26 July 1952.

6.  During the review of this case, a member of the Board staff reviewed
the Department of the Army Korean War Casualty Roster.  This roster
contained an entry confirming the applicant was wounded in action in Korea
on 15 October 1951.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions 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 of an Armed Force who is wounded or killed in action.  A wound
is defined as 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.

8.  Paragraph 2-10 of the awards regulation contains guidance on the
National Defense Service Medal (NDSM).  It states, in pertinent part, that
it is awarded for honorable active service for any period between 27 June
1950 and 27 July 1954, both dates inclusive.

9.  The Republic of Korea Presidential Unit Citation (ROKPUC) is issued by
the Government of South Korea to Korean military and foreign units.  The
last major issuance of the decoration was during the Korean War.  By order
of the Korean Government, the award was retroactively authorized to every
unit of the United States Army that was deployed to Korea between 1950 and
1954.

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 evidence shows the applicant was wounded in action in Korea on 15
October 1951, as evidenced by the entry in Item 29 of his DD Form 214,
which is corroborated by an entry on the Korean War Casualty Roster, the
official DA list of Korean War battle casualties.  Therefore, it would
appropriate to award the applicant the PH for being wounded in action in
Korea on 15 October 1951.

2.  The evidence also shows the applicant is entitled to the NDSM, ROKPUC,
and the ROK-KWSM.  Thus, it would also be appropriate to add these awards
to his separation document.

BOARD VOTE:

___WFC    __EEM__  __RMN _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 awarding him the Purple Heart for
being wounded in action in Korea on 15 October 1951; by showing his
entitlement to the National Defense Service Medal, Republic of Korea
Presidential Unit Citation, and Republic of Korea-Korean War Service Medal;
and by providing him a correction to his separation document that includes
these awards.




                            _____William F. Crain______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011968                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/07/26                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]