RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 September 2007
      DOCKET NUMBER:  AR20070005707


      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. Larry C. Bergquist            |     |Chairperson          |
|     |Ms. Marla J. Troup                |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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)
for the period ending 11 October 1952.

2.  The applicant states he was awarded the Purple Heart while stationed in
Korea.  He was in Company B of the 7th Regiment of the 1st Cavalry Division
and was wounded by a grenade.

3.  The applicant provides no additional evidence.

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 military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents (consisting the applicant’s DD Form 214)
remaining in a reconstructed record for the Board to conduct a fair and
impartial review of this case.

3.  The applicant enlisted in the Army National Guard on an unknown date.
On 16 January 1951, he was called to active duty.  He served in Korea.  He
was honorably released from active duty on 11 October 1952.

4.  The applicant’s DD Form 214 for the period ending 11 October 1952 shows
he was awarded the Korean Service Medal with two bronze service stars, the
United Nations Service Medal, and the Army of Occupation Medal with Japan
clasp.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
contains the entry, “NONE.”

5.  The applicant’s name is not on the Korean War Casualty Roster.  His
service medical records are not available.

6.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded 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.

7.  Army Regulation 600-8-22 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.

8.  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.  Item 29 of the applicant’s DD Form 214 for the period ending 11 October
1952 does not show that he was wounded, and his name is not on the Korean
War Casualty Roster.  Regrettably, there is insufficient evidence to show
that he was wounded in action or that he was awarded or is eligible for
award of the Purple Heart.

2.  The evidence of record shows the applicant met the eligibility criteria
for award of the National Defense Service Medal and the ROK-KWSM.  These
awards should be added to his DD Form 214 for the period ending 11 October
1952.



3.   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

__lcb___  __mjt___  __eif___  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 by adding the National Defense Service Medal and the
ROK-KWSM to his DD Form 214 for the period ending 11 October 1952.




                                  __Larry C. Bergquist__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005707                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070911                                |
|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.                      |                                        |


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