RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070018558 


	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. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 had a piece of metal removed from his leg around May 1953.  At that time, the medic asked him if he wanted the Purple Heart.  The applicant said, no, he did not want his folks to worry.  

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 enlisted in the Regular Army on 5 September 1946 and had continuous service until his retirement.

3.  The applicant arrived in Korea on 19 May 1953.  He was assigned to Company B, 140th Tank Battalion on 14 June 1953.  He departed Korea on      16 July 1954 and was credited with participation in one campaign.  

4.  Section 8 (Wounds Received through Enemy Action) of the applicant’s DA Form 24 (Service Record) does not show he was wounded.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded. His name is not listed on the Korean War Casualty Roster.  His service medical records are not available.

5.  The applicant retired on 1 March 1967.  His DD Form 214 (Armed Forces      of the United States Report of Transfer or Discharge) for the period ending         28 February 1967 shows he was awarded a Certificate of Training, the Army Commendation Medal, a Letter of Commendation, and the Army Good Conduct Medal (3d Award).
6.  The applicant’s DD Form 214 for the period ending 5 September 1952 shows he was awarded the Army of Occupation Medal with Germany clasp and the Army Good Conduct Medal.  His DD Form 214 for the period ending 12 January 1956 shows he was awarded the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Distinguished Unit Citation (currently known as the Presidential Unit Citation), the Army of Occupation Medal with Germany clasp, and the Army Good Conduct Medal.  His DD Form 214 for the period ending 5 February 1962 shows he was awarded a Letter of Commendation and a Letter of Appreciation.

7.  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 medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.  

9.  Army Regulation 600-8-2 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.  A bronze service star will be worn to signify receipt of a second or subsequent award.  

10.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1) while on permanent assignment;

	(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request has been carefully considered.  Unfortunately, there is no evidence of record and he provided none to substantiate his contention that he was wounded around May 1953.  Section 8 of his DA Form 24 does not show he was wounded.  Item 40 of his DA Form 20 does not show he was wounded. His name is not listed on the Korean War Casualty Roster.  His service medical records are not available.  

2.  Regrettably, there is insufficient evidence at this time that would warrant awarding him the Purple Heart.

3.  The applicant did meet the eligibility criteria for a second award of the National Defense Service Medal, for the Republic of Korea War Service Medal, and for wear of one bronze service star on his Korean Service Medal.  For convenience, all his awards should be listed on his last 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

__le____  __jrs___  __lwr___  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 amending his DD Form 214 for the period ending 28 February 1967 to add the Army of Occupation Medal with Germany clasp, the Korean Service Medal with one bronze service star, the United Nations Service Medal, two awards of the National Defense Service Medal, the Presidential Unit Citation, the Republic of Korea War Service Medal, two Letters of Commendation (instead of the one already shown), and a Letter of Appreciation.




__Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.