RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070004853


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in effect, that he be awarded the Purple Heart
(PH) 3rd Oak Leaf Cluster (4th Award).

2.  The applicant states, in effect, he was wounded in action in Korea on
four separate occasions (6, 7, 8, and 10 September 1951).  He states that
at the time of his discharge, he was told it would take 6 to 8 weeks to
make corrections to his separation document (DD Form 214) and because he
wanted to be home for Christmas, he signed the DD Form 214 the way it was.


3.  The applicant provides his DD Form 214, Department of Veterans Affairs
(VA) Rating Decision, dated 28 May 1953, and Distinguished Unit Citation
Narrative in support of his application.

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's record shows that he was inducted into the Army and
entered active duty on 2 March 1951.  His Soldier's Qualification Record
(DA Form 20) shows he arrived for duty with Company L, 35th Infantry
Regiment, in Korea on 13 August 1951, and that he served there until being
transferred to the Medical Holding Detachment, Madigan Army Hospital,
Tacoma, Washington, where he arrived on 22 December 1951.

3.  The applicant's Service Record (DD Form 230) contains an entry in
Section 8 (Wounds Received Through Enemy Action) that indicates the
applicant received a shell fragment wound to his right scapular area, right
flank and thigh post and left foot on 10 September 1951. Section 9 (Medals,
Decorations and Citations) shows that he received the Combat Infantryman
Badge (CIB) and Korean Service Medal (KSM) with 1 bronze service star.
4.  Section 17 (Indorsements) of the applicant's DD Form 230 shows the
applicant received no less than "Excellent" conduct and efficiency ratings
and his record is void of any derogatory information or a unit commander
disqualification that would have precluded him from receiving the Army Good
Conduct Medal (AGCM).

5.  The applicant's record contains a Casualty Report (FEC AGO Form 241),
dated 12 September 1951, which confirms he was wounded in action on
8 September 1951, near Kunchon, North Korea, when he received a shell
fragment wound to the back, right thigh and left foot.  A second FEC AGO
Form 241, dated 18 September 1951, shows he was wounded in action in Korea
on
10 September 1951, when he sustained shell fragment wounds to his right
scapular area, right flank and right posterior thigh and left foot.  A
third Casualty Report, dated 14 December 1951, confirms he was wounded in
action in Korea on 7 September 1951, when he received shell fragment wounds
to his right thigh and both feet from an enemy hand grenade, and on 9
September 1951, when he was struck by friendly artillery fire.

6.  The applicant's record also contains Officer of The Surgeon General
(OTSG) Hospital Admission Records that confirm the applicant was admitted
to medical treatment facilities in Korea and treated for combat related
wounds on 8 and
10 September 1951.  The record also includes 8009th Army Unit, Osaka Army
Hospital General Orders Number 321, dated 12 September 1951, which awarded
the applicant the PH for being wounded in action near Kunchon, Korea on
8 September 1951.

7.  On 4 December 1952, the applicant was honorably separated after
completing a total of 1 year, 9 months and 3 days of active duty service
during the period.  The DD Form 214 he was issued at the time shows he held
the rank of private/E-2 and that he had earned the KSM with 1 bronze
service star and CIB.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in
pertinent part, that each approved award of the PH must exhibit all of the
following factors: wound, injury or death must have been the result of
enemy or hostile act or international terrorist attack; the wound or injury
must have required treatment by medical officials; and the records of
medical treatment must have been made a matter of official Army records.
The regulation stipulates that an Oak Leaf Cluster is awarded for second
and subsequent awards of the PH.

9.  Paragraph 2-10 of the awards regulation contains guidance on the
National Defense Service Medal (NDSM).  It states, in pertinent part, that
it is authorized for any honorable active service during defined periods,
which includes the period between 27 June 1950 and 27 July 1954.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Paragraph 5-9 of the awards regulation contains guidance on the KSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member was credited with participating in
while serving in Korea.

12.  Paragraph 9-5 of the awards regulation contains guidance on the United
Nations Service Medal (UNSM).  It states, in pertinent part, that it is
authorized for members who served in Korea between 27 June 1950 and 27 July
1954.  Personnel awarded the KSM automatically establish eligibility for
the UNSM.

13.  Paragraph 9-16 of the awards regulation provides guidance on the
Republic of Korea-Korean War Service Medal (ROK-KWSM).  It states, in
pertinent part, that it is authorized to members who served in Korea for
30 consecutive or 60 non-consecutive days, between 25 June 1950 and
27 July 1953.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register) establishes the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during the Korean War.  This source confirms that during his
tenure of assignment, the applicant’s unit (Company L, 35th Infantry
Regiment) received the Distinguished Unit Citation (DUC) and was granted
participation credit for the
CCF Spring Offensive and UN Summer Fall Offensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to four awards of the PH was
carefully considered and found to have merit.  By regulation, in order to
support award of the PH, there must be evidence that the wound for which
the award is being made was received as a result of enemy action.

2.  The evidence of record in this case confirms the applicant was wounded
in action in Korea on 7, 8, 9 and 10 September 1951, as evidenced by
Casualty Reports, dated 12 September 1951, 18 September 1951 and 14
December 1951, which remain on file in his record.  These reports are
corroborated by OTSG Hospital Admission Records, PH orders and other
documents and records entries contained in the applicant's record.
Therefore, it would be appropriate to award the applicant the PH 3rd Oak
Leaf Cluster (4th Award) and to add it to his record and separation
document at this time.

3.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a unit commander disqualification that
would have precluded him from receiving the AGCM.  Therefore, it would be
appropriate to award him the AGCM, for his qualifying period of honorable
active duty service from 2 March 1951 through 4 December 1952.

4.  The evidence of record also shows that based on his honorably active
duty service, and his service and campaign participation in Korea, he is
also entitled to the NDSM, UNSM, ROK-KWSM, DUC and 2 bronze service stars
with his KSM.  Therefore, it would also be appropriate to add these awards
to his record and separation document at this time.

BOARD VOTE:

___JCR _  __DAC__  __QAS  _  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  showing he was wounded in action in Korea on 7, 8, 9 and 10
September 1951 and awarding him the Purple Heart 3rd Oak Leaf Cluster
(4th Award) accordingly;

      b.  awarding him the Army Good Conduct Medal for his qualifying
period of honorable active duty service from 2 March 1951 through 4
December 1952;

      c.  showing his entitlement to the National Defense Service Medal,
United Nations Service Medal, Republic of Korea-Korean War Service Medal,
Distinguished Unit Citation and 2 bronze service stars with his Korean
Service Medal; and

      d.  providing him a correction to his separation document that
includes these changes.




                            _____Jeffrey C. Redmann____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004853                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/12/04                              |
|DISCHARGE AUTHORITY     |AR 615-363                              |
|DISCHARGE REASON        |Trns to ER                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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