RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 May 2007
      DOCKET NUMBER:  AR20060016141


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Donald Lewy                   |     |Member               |
|     |Mr. Roland 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 award of the Purple Heart.

2.  The applicant states that he is sure that his records, which could not
be found, show he had malaria.  He states that he was also injured in the
Korean hostilities and his leg condition and stomach problems were
overlooked.

3.  The applicant provides in support of his application, documentation
showing an award of disability compensation or pension from the Veterans
Administration. He also provides copies of statements of his medical
history.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from alternate sources.

2.  On 15 October 1945, the applicant enlisted in the Army in Dearborn,
Michigan, for 4 years, in the pay grade of E-1.  He successfully completed
his training as an armored reconnaissance crewman.

3.  Hospital Admission Cards created by the Office of The Surgeon General
indicate that the applicant was in Korea on 17 September 1950, when he was
treated by physicians for furuncle of unspecified site or sites, not
elsewhere classified.  He was assigned to his quarters for 1 day.

4.  On 19 September 1950, the applicant was seen by physicians for
cellulitis on his hand with lymphangitis.  He was hospitalized for 3 days.

5.  The available records indicate that the applicant was in Korea on
26 November 1950, when he was treated by physicians for fractures of his
right 3rd and 4th fingers after a tank hatch fell on his hands.  His left
hand was also hurt over the base of the 3rd metacarpal.  His hands were x-
rayed and he was treated with penicillin and splint.  On 30 November 1950,
his x-rays showed a transverse phalanx 4th digit with displacement and
transverse fracture through shaft proximal phalanx 3rd digit with
displacement of distal fragment medially 3 millimeters and angulated
posterior.  “His hand and forearm was placed in a cast and traction with
wire through distal pulpspace applied.”  His condition was diagnosed as
good.  He was in the hospitalized in the infirmary from 90 to 99 days.

6.  The applicant was admitted to the hospital on 1 May 1951 with malaria,
and amebiasis.  He was treated with penicillin therapy.  He was released
from the hospital on 2 July 1951 and he was placed on sick leave for 30
days.

7.  A review of the available records fails to show that the applicant was
wounded/injured while in action against an enemy or as a result of hostile
action.

8.  The applicant was honorably discharged on 14 October 1951 at the
expiration of his term of service.  The Report of Separation (DD Form 214)
that he was furnished at the time of his discharge shows that he was
awarded the Korean Service Medal with three Bronze Service Stars and the
Army of Occupational Medal with Japan Clasp.

9.  The applicant submits documentation showing an award of disability
compensation or pension from the Veterans Administration.  The document
indicates that on the 14 October 1951, the applicant was awarded a 10
percent service connected disability rating due to a right hand injury
incurred or aggravated during his period of service during Korean
hostilities.

10.  On 23 October 2000, the Chief, Army Reference Branch, National
Personnel Records Center, notified the applicant that he was also entitled
to the Army Good Conduct Medal, the National Defense Service Medal, the
United Nations Service Medal and the Republic of Korea Presidential Unit
Citation Badge.  However, the available records fail to show that his DD
Form 214 was ever amended to include these decorations.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound/injury sustained while
in action against an enemy or as a result of hostile action.
Substantiating evidence must be provided to verify that the wound/injury
was the result of hostile action, the wound/injury must have required
treatment, and the medical treatment must have been made a matter of
official record.

12.  The Government of the Republic of Korea issued the 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.  The Department of Defense approved acceptance and wear of the
Republic of Korea Korean War Service Medal.  To qualify for award of the
Republic of Korea Korean War Service Medal, 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 available records indicate that the applicant was injured while he
was in Korea.  However, there is no evidence in the available records nor
has the applicant submitted any evidence to show that his injuries were
sustained while in action against an enemy or as a result of hostile
action.

2.  His contentions have been noted.  Nonetheless, the evidence of record
indicates that although he was hospitalized, in accordance with the
applicable regulation, he was appropriately not awarded a Purple Heart as
his injuries were not sustained while in action against enemy forces.

3.  However, based on the dates that he was in Korea, he is entitled to
have the Republic of Korea Korean War Service Medal included on his DD Form
214.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WC___  __DL____  __RV ___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 Army Good Conduct Medal, the
National Defense Service Medal, the United Nations Service Medal, the
Republic of Korea Presidential Unit Citation Badge and the Republic of
Korea Korean War Service Medal.



                                  _____  William Crain_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060016141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070531                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  102                 |107.0056/ARMY GCM                       |
|4.  115                 |107.0069/NDSM                           |
|5.  131                 |107.0085/UNSM                           |
|6.  138                 |107.0092/ROKPUC                         |


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