RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060012758


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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, that he feels he is entitled to the PH
for being wounded in action in Korea.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); Certification of Military
Service; Newspaper Article Extracts; and National Personnel Records Center
(NPRC) Letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that  occurred on 9 August 1951, the date of his separation.  The
application submitted in this case is dated 25 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 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 DD Form 214, an Office of The Surgeon General (OTSG) Hospital
Admission Record for 1950-1954, and other documents on file in the
applicant's NPRC file.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 30 October 1947.  It also shows he served overseas
for 2 years, 5 months, and 23 days.  Item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized)
contains the entry "None", and Item 29 (Wounds Received As A Result of
Action With Enemy Forces) contains an entry indicating the applicant
received a gunshot wound to the Abdomen in Korea on 19 August 1950.  The
separation document also confirms the applicant was discharged on 9 August
1951, after completing 3 years and 23 days of creditable active military
service, and accruing 262 days of time lost due to being absent without
leave (AWOL) and in confinement.  It also confirms he received an
undesirable discharge (UD).

5.  An OTSG Hospital Admission Record for 1953 shows the applicant was
admitted to a medical treatment facility in Korea on 19 August 1950, and
that he was treated for a gunshot wound to the abdomen.  This record also
confirms the applicant received this wound as a direct result of action
against or by an organized enemy, and that he was a battle casualty.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Korean War Casualty Roster.  This list
contained an entry pertaining to the applicant that confirms he was wounded
in action in Korea on 18 (sic) August 1950.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  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.

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

9.  Paragraph 5-9 contains guidance on the Korean Service Medal.  It
states, in pertinent part, that it is authorized to members who served in
Korea between
27 June 1950 and 27 July 1954.  Paragraph 9-5 contains guidance on the
United Nations Service Medal.  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.
10.  The Republic of Korea Presidential Unit Citation 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.


11.  The Government of the Republic of Korea issued the Republic of Korea-
Korean War Service Medal 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, and it was approved for acceptance and wear by the
Department of Defense.  To qualify for this, the veteran must have served
in Korea between 25 June 1950 and 27 July 1953 for 30 consecutive days or
60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received the PH for
being wounded in action in Korea was carefully considered and found to have
merit.  The evidence includes a DD Form 214 entry in Item 29 that shows the
applicant received a gunshot wound to the abdomen in Korea on 19 August
1950, this entry is corroborated by an entry on the DA Korean War Casualty
Roster.  Further, an OTSG Hospital Admission Record on file confirms the
applicant was treated by military medical personnel in Korea for a wound to
abdomen he received as a result of enemy action.  As a result, the
regulatory burden of proof necessary to support award of the PH has been
satisfied in this case and it would be appropriate to award the applicant
the PH at this time.

2.  The evidence also shows that based on the applicant's active duty
service and service in Korea, he is entitled to the National Defense
Service Medal, Korean Service Medal, United Nations Service Medal, Republic
of Korea Presidential Unit Citation, and Republic of Korea-Korean War
Service Medal.  Therefore, it would also be appropriate to add these awards
to his separation document at this time.

BOARD VOTE:

___LDS _  __JCR __  __SWF__  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 19 August 1950; by showing he is
entitled to the National Defense Service Medal, Korean Service Medal,
United Nations 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 changes.




                            _____Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012758                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/05                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1951/08/09                              |
|DISCHARGE AUTHORITY     |AR 615-368                              |
|DISCHARGE REASON        |Unfitness                               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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