RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060013692


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

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he was shot in the upper left
thigh while on patrol inside the Demilitarized Zone (DMZ) in Korea.  He
also states that he spent 8 or 11 days in the 8th Evacuation Hospital when
this occurred in 1953 or 1954.

3.  The applicant provided no additional documents in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 May 1956, the date of his release from active duty.
The application submitted in this case is dated 15 September 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 ABCMR 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.

4.  The applicant’s available records show that he was inducted into the
Army of the United States on 11 March 1953 and was discharged on 5 August
1953 for the purpose of immediate enlistment.  He enlisted on 6 August
1953.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 612.14
(Construction Machine Operator).

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States), as corrected by a DD Form 215 (Correction to DD Form
214), dated 1 May 1957, shows in Item 26 (Foreign and/or Sea Service), that
the applicant served overseas for 2 years, 4 months, and 26 days.  Item 28
(Most Sufficient Duty Assignment) of the applicant’s DD Form 214 shows that
he served with Headquarters Company, 79th Engineer Battalion, APO 301,
during his active duty tour.

6.  On 25 May 1956, the applicant was honorably released from active duty
after completing a total of 3 years, 2 months, and 15 days of active
military service.  Item 27 (Decorations, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
does not show that he received any awards during his active duty tour.

7.  There are no medical records in the applicant’s official military
personnel files that show he sustained wounds as a result of hostile action
or that show he was treated for wounds sustained as a result of hostile
action.

8.  There are no general orders in the applicant’s record to show he was
awarded the Purple Heart.

9.  The applicant’s name does not appear on the Korean Casualty File.

10.  Army Regulation 672-5-1 (Military Awards) then in effect provides, in
pertinent part, that the Purple Heart is awarded for a wound sustained as a
result of hostile action.  Substantiating evidence must be provided to
verify that the wound was the result of hostile action, the wound must have
been treated by a medical officer, and the medical treatment must have been
made a matter of official records.  This regulation also provides that
there are no time limitations on requests for award of the Purple Heart.

11.  On 1 May 1957, the DD Form 215 (Corrections to DD Form 214, Armed
Forces of the United States Report of Transfer or Discharge) show that Item

27 of the applicant’s DD Form 214 was corrected to shows that he was
awarded the Korean Service Medal, the National Defense Service Medal, and
the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because of injuries sustained while in Korea.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such
wounds.  The applicant’s name is not listed on the Korean Casualty File.
In the absence of such evidence, there is insufficient basis to grant award
of the Purple Heart in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 May 1956; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 May 1956.  Although the applicant 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:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE___  ___LMB__  ___MJF_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  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.




                                  _____Lester Echols______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013692                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/29                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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