RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004715


      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. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 they were taking a hill in Korea.  The enemy was
behind them, shooting all around.  He received shrapnel in his shoulder and
chest.  He was treated by a medic in the field, who left him to treat other
fallen Soldiers.     X-rays taken at the hospital at Fort Jackson, SC
indicated the shrapnel.

3.  The applicant provides his DD Form 214 (Report of Separation from the
Armed Forces of the United States); and a Veterans Administration Form 537
(Change of Name Notice).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 February 1951.  He
arrived in Korea and was assigned to Company M, 27th Infantry from 19
September 1951 to 30 June 1952, when he departed Korea.

3.  On 31 January 1954, the applicant was released from active duty and
placed on the Temporary Disability Retired List as a result of
tuberculosis.  His DD Form 214 shows he was awarded the Korean Service
Medal with two bronze service stars, the National Defense Service Medal,
the Combat Infantryman Badge, and the United Nations Service Medal.

4.  Section 8 (Wounds Received through Enemy Action) of the applicant’s
   DD Form 230 (Service Record) does not show that he was wounded.  Item
   29 (Wounds Received as a Result of Action with Enemy Forces) of his DD
Form 214 does not indicate he was wounded.

5.  Two Narrative Summaries from two Physical Evaluation Board (PEB)
proceedings did not mention any abnormalities (either in the history or x-
ray sections) other than tuberculosis.  Two Standard Forms 88 (Report of
Medical Examination) from his PEBs did not mention any abnormalities (such
as scars) on his upper extremities or on his lungs and chest that would
indicate he had received shrapnel wounds to his shoulder and chest.

6.  The applicant’s name is not listed on the Korean War Casualty Roster.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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 required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

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 27th Infantry, it was
cited for award of the Republic of Korea Presidential Unit Citation for the
period 19 May 1950 through 31 July 1952 by Department of the Army General
Orders Number 41, dated 1955.

9.  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’s contentions have been carefully considered; however,
there is no evidence in his PEB proceedings or other available medical
documents (his service medical records are not available) to show he was
wounded in action.  Regrettably, there is insufficient evidence that would
warrant award of the Purple Heart.

2.  The Board wants the applicant and all others concerned to know that
this action in no way diminishes the sacrifices made by the applicant in
service to our Nation.  The applicant and all Americans should be
justifiably proud of his service in arms.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Korea Presidential Unit Citation.  Later, all
Soldiers who served in Korea during the Korean War were authorized the ROK-
KWSM.  These awards should be added to his DD Form 214.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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

__wdp___  __wb____  __dll___  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to add the Republic of Korea Presidential Unit
Citation and the Republic of Korea Korean War Service Medal to his DD Form
214.



                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004715                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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