RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060012102


      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. James E 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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was awarded the PH in 1951, but his
separation document (DD Form 214) does not include it in the list of awards
contained in Item 27 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).  However, the DD Form 214 does
show he was wounded and that he received other awards.  He claims he
inquired about the PH in 1952, but the matter was not resolved.

3.  The applicant provides his DD Form 214; 35th Infantry Regiment Letter,
dated 30 August 1952; Self-Authored Letter of Inquiry, dated 11 September
1952; and The Adjutant General Letter, dated 10 February 1953 in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 25 July 1952, the date of his discharge.  The application
submitted in this case is dated 14 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 consist of
the applicant's 25 July 1952 DD Form 214 and the letters provided by the
applicant.

4.  The applicant's NPRC file includes a separation document (WD AGO Form
53-55), which documents the applicant's active duty service from 21
September 1946 through 25 June 1947.
5.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
of the United States and entered active duty on 21 September 1946, and that
he served for 9 months and 5 days until being honorably separated on 25
June 1947.  This document shows that he held the rank of private first
class on the date of his separation, and that he earned the World War II
Victory Medal during this period of active duty service.

6.  On 17 October 1950, the applicant was again inducted into the Army of
the United States and entered active duty.  His DD Form 214 shows that he
completed 1 year, 9 months, and 9 days of active military service during
this period of active duty service, and that he held the rank of sergeant
first class (SFC) on the date of his separation, which was 25 July 1952.
Item 27 shows that he earned the following awards during this period of
active duty service:  Combat Infantryman Badge; Silver Star; Bronze Star
Medal; Distinguished Unit Citation; and Korean Service Medal with 2 bronze
service stars.  The PH is not included in the list of awards contained on
the DD Form 214.  Item 29 (Wounds Received As a Result of Action with Enemy
Forces) contains two entries that indicate the applicant received a shell
fragment wound to his left hand at Inje, Korea on
25 May 1951 and that he received a shell fragment wound to his forehead at
Yanggu, Korea on 30 August 1951.

7.  On 30 August 1952, the Assistant Adjutant of the 38th Infantry
Regiment, the applicant's unit in Korea, responded to an inquiry from the
applicant regarding the PH.  This unit official indicated that, after a
thorough review of all retained records, their headquarters was unable to
confirm the applicant had been awarded the PH while he was a member of the
organization.  This official further indicated they were also unable to
obtain any confirmation that the applicant had ever been treated for a
wound.

8.  On 11 September 1952, the applicant submitted an inquiry to The
Adjutant General (TAG), indicating that the day before his rotation from
Korea, on or about 5 December 1951, he was issued a PH at a retreat
ceremony at his unit.  He stated that he would like to obtain the written
citation to show he was entitled to the PH and that there was no mention of
the PH on his separation document, although it did contain a reference to
him being wounded twice in combat.

9.  On 10 February 1953, TAG answered the applicant's PH inquiry.  The
response, which was signed personally by TAG, indicated that an inquiry had
been made to the Commander-In-Chief, Far East concerning the applicant's
eligibility for the PH and 1st Oak Leaf Cluster.  The report received from
the overseas commander stated there was no record of the applicant having
been wounded in action in Korea.
10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Korean War Casualty Roster.  This
roster contained no entry pertaining to the applicant.

11.  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.

12.  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.

13.  Paragraph 9-5 of the awards regulation contains guidance on the United
Nations Service Medal (UNSM).  It states, in pertinent part, that to
qualify for this award, individuals must have been members of the Armed
Forces of the United States dispatched to Korea or adjacent areas for
service on behalf of the United Nations in the action in Korea.   It
further stipulates that personnel awarded the Korean Service Medal
automatically establish eligibility for the United Nations Service Medal.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register) establishes the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during the Korean War.  This source confirms that during his
tenure of assignment, the applicant’s unit (38th Infantry Regiment)
received the Republic of Korea Presidential Unit Citation (ROKPUC).

15.  The Republic of Korea- Korean War Service Medal (ROK-KWSM) was
approved by the ROK to pay tribute to eligible Korean War veterans, and the
Department of Defense approved acceptance and wear of the ROK-KWSM.  To
qualify for this award, a veteran must have served in the territorial
limits of Korea for 30 consecutive or 60 non-consecutive days between
25 June 1950 and
27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH has been carefully
considered.  However, by regulation, in order to support award of the PH
there must be evidence confirming 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 a record of this medical
treatment must have been made a matter of official record.

2.  Notwithstanding the entries in Item 29 of the applicant's 25 July 1952
separation document, the letters responding to the applicant's PH inquiries
in 1952 and 1953 verify that the applicant's entitlement to the PH could
not be established by TAG or his unit at that time, when all relevant
documents, orders, and medical treatment records should still have been
available.  Further, the PH is not included in the list of authorized
awards contained on the applicant's DD Form 214, and his name is not
included on the Korean War Casualty Roster, the official DA list of Korea
battle casualties.  Therefore, absent corroborating documents, orders, or
medical treatment records confirming the applicant was treated for the
wounds listed on his DD Form 214 by military medical personnel, or that he
was awarded the PH by proper authority while serving on active duty, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.  Therefore, it would not be appropriate, or in
the interest of all those who served in the Korean War and who faced
similar circumstances, to grant the requested relief.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the PH on 25 July
1952.  Therefore, the time for him to file a request for correction of any
error or injustice expired on 24 July 1955.  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 does show the applicant is entitled to the NDSM, UNSM,
ROKPUC, and ROK-KWSM.  The omission of these awards from his separation
document is an administrative matter that does not required Board action.
Thus, the Case Management Support Division (CMSD), St. Louis, Missouri,
will administratively correct his record as outlined paragraph 3 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 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 National Defense Service Medal,
United Nations Service Medal, Republic of Korea Presidential Unit Citation,
and the Republic of Korea-Korean War Service Medal; and by providing him a
correction to his separation document that includes these awards.




                                  _____James E Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012102                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/07/25                              |
|DISCHARGE AUTHORITY     |AR 615-363-5                            |
|DISCHARGE REASON        |Rel to ER                               |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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