RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 June 2007
      DOCKET NUMBER:  AR20070000973


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 that the Purple Heart be added to his DD Form
214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states that the Purple Heart was not included on his DD
Form 214.

3.  The applicant provides his DD Form 214 and a Department of Veterans
Affairs Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1952.  The application submitted in this case is
dated 15 November 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 was inducted into the Army on 30 October 1950.  He
arrived in Korea on or about 4 April 1951 with the 65th Infantry Regiment.
He was wounded in action on 4 June 1951.

4.  Headquarters, 382d General Hospital, General Order Number 67, dated
   12 June 1951, awarded the applicant the Purple Heart for wounds received
in action on 4 June 1951.

5.  On 31 October 1952, the applicant was released from active duty and
retired by reason of physical disability.  His DD Form 214 shows he was
awarded the Combat Infantryman Badge, the Korean Service Medal with one
bronze service star, and the United Nations Service Medal.

6.  Army Regulation 600-8-2 provides Army policy and criteria concerning
individual military decorations.  It states the National Defense Service
Medal is awarded for honorable active service for any period between 27
June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961
and 24 August 1974, both dates inclusive; between 2 August 1990 and 30
November 1995, both dates inclusive; and between 11 September 2001 and to a
date to be determined.

7.  The Government of the Republic of Korea issued the Republic of Korea
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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II and the Korean War.  This document shows that,
at the time of the applicant's assignment to the 65th Infantry Regiment, it
was cited for award of the Republic of Korea Presidential Unit Citation for
the period 18 April through 11 May 1951 by Department of the Army General
Orders (DAGO) Number 20, dated 1953.

9.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant’s assignment to the 65th Infantry Regiment, it was cited for
award of the Bravery Gold Medal of Greece “during period of war, Korea,” by
DAGO Number 2, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple
Heart, and this award should be added to his DD Form 214.

2.  The applicant met the eligibility requirements for award of the
National Defense Service Medal and the ROK-KWSM.  These awards should be
added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Korea Presidential Unit Citation and the
Bravery Gold Medal of Greece.  These foreign unit awards should also be
added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         31 October 1955.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__jea___  __jlp___  __jbm___  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 the DD Form 214 of the individual
concerned be corrected by adding the Purple Heart, the National Defense
Service Medal, the ROK-KWSM, the Republic of Korea Presidential Unit
Citation, and the Bravery Gold Medal of Greece.




                            __James E. Anderholm__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070626                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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