RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060015132


      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. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 DD Form 214 (Report of Separation
From the Armed Forces of the United States) be corrected to show award of
the Purple Heart.

3.  The applicant provided 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
which occurred on 4 August 1952.  The application submitted in this case is
dated
19 October 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 record shows that he enlisted into the Army of the
United States on 18 May 1949.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 3060 (Cook).  The highest rank he attained while serving on
active duty was Corporal (E-4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Korea from 7 August 1950 through 12 December
1950, and that during his tour he was assigned to the 6th Medical Tank
Battalion, performing duties in MOS 3060, Cook.

5.  On 4 August 1952, the applicant was honorably discharged from active
duty.  He completed a total of 3 years, 8 months, and 14 days of active
military service. The DD Form 214 he was issued shows that he earned the
United Nations Service Medal and the Korean Service Medal with three bronze
service stars.
6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.

7.  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.

8.  The Korean War Casualty Roster shows the applicant was “otherwise
seriously injured in action” on 6 November 1950.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 shows “Head Injury.  Half-Track Wreck, Unson,
Korea
6 Nov 50.”

10.  WD AGO Form 03650 (Battle Casualty Report) issued 27 November 1950
shows that the applicant was slightly wounded in action on 6 November 1950
in the Pacific Theater of Operations (Korea).

11.  A review of the applicant’s records indicate entitlement to additional
awards and decorations not shown on this DD Form 214.

12.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after 27 August 1940, for first award only, 1 year served entirely
during the period 7 December 1941 to 2 March 1946 and, for the first award
only, upon termination of service on or after 27 June 1950 of less than 3
years but more than 1 year.


At the time, a Soldier's conduct and efficiency ratings must have been
rated as "excellent" for the entire period of qualifying service and there
must have been no convictions by court-martial.

15.  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 he is entitled to correction of his records
to show award of the Purple Heart.  The Korean War Casualty Roster shows
the applicant was seriously wounded in action in Korea on 6 November 1950.
Therefore, his records should be corrected to show this award.

2.  In the absence of any derogatory information or a specific
disqualification in the applicant's reconstructed record, it would be
appropriate to award the applicant the Army Good Conduct Medal (First
Award) for his qualifying period of honorable active duty service from 18
May 1949 through 4 August 1952.  Therefore, his records should be corrected
to show this award.

3.  Records show the applicant served a qualifying period of service for
award of the ROK-KWSM.  Therefore, he is entitled to correction of his
records to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 August 1950; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
3 August 1953.  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:

___WDP_  ___WFC_  ___DED_  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 the applicant the Purple
Heart for wounds received in action in Korea on 6 November 1950, awarding
the applicant the Good Conduct Medal for the period 18 May 1949 through 4
August 1952, and awarding the applicant the Republic of Korea - Korean War
Service Medal.




                            _____William D. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015132                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/26                              |
|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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