RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2007
      DOCKET NUMBER:  AR20070002531


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 an entry was never made in his records to
show that he was injured in action while he was in Sonbondong, South Korea.
 He states that on 26 May 1951, while he was on active duty, a mine
exploded and he was hurt.  He states that all of this information should be
clearly explained in his records.

3.  The applicant provides in support of his application a copy of a
document
(WD AGO Form 8-26) indicating that he as wounded in action on 26 May 1951;
a copy of a portion of a Department of Veterans Affairs (DVA) Rating
Decision; a copy of his Honorable Discharge Certificate from the United
States Army; a copy of his Retired Reserve Certificate; a copy of his
Honorable Discharge Certificate from the Army National Guard; a portion of
his Enlisted Qualification Record; and a copy of his Report of Separation
(DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 September 1953.  The application submitted in this
case is dated 5 February 2007.

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’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 remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  On 15 September 1950, the applicant enlisted in the Regular Army in
Birmingham, Alabama, for 3 years, in the pay grade of E-1.
5.  The WD AGO Form 8-26 that the applicant submits in support of his
application shows that he was in Sonbondong, South Korea on 26 May 1951,
when it was documented that he was wounded in action which resulted in
abrasions to his left knee and bruised right thigh, small fragment wound to
his right forearm, and foreign body to his right eye on 16 May 1951, as a
result of a mine explosion.  The document indicates that he was
administered first aid.

6.  The portion of the DVA Rating Decision that the applicant submits in
support of his application shows that he was granted a service-connected
disability rating for post traumatic stress disorder as a result of his
stressful experiences during his military service.

7.  The DD Form 214 that he was furnished at the time of his discharge
indicates that he was honorably discharged from the Army on 18 September
1953, under the provisions of Army Regulation 615-360, at the expiration of
his term of service.  His also shows that he was awarded the Korean Service
Medal with Two Bronze Service Stars and the National Defense Service Medal.
 However, his DD Form 214 does not show that he was wounded in action while
he was in Korea.

8.  Hospital Admission Cards created by the Office of The Surgeon General
show that the applicant was in Korea on 26 May 1951, when he was admitted
to the hospital for abrasions to his knee region and a contusion to his
thigh due to fragments or explosions of other munitions.  The Hospital
Admission Cards show "land mine, struck while afoot" and also shows he was
wounded in his forearm and he suffered from foreign body to his eye as a
result of explosive projectile shells from a gun, mortar, bazooka, etc.  He
was returned to duty for general service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there are no time limitations for requests
for award of the Purple Heart.

10.  The Government of the Republic of Korea issued the Korean War Service
Medal 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
Republic of


Korea- Korean War Service Medal.  To qualify for award of the Republic of
Korea- Korean War Service Medal, 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.

11.  Army Regulation 600-8-22 also provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records indicates that the applicant is
entitled to the Purple Heart.  He was wounded in action by enemy forces on
26 May 1951.  His wounds were documented and treated by medical personnel
on 26 May 1951.  In accordance with the applicable regulation, it would be
appropriate to correct his records to show that he was wounded in action
and to award him the Purple Heart.

2.  He is also entitled to the United Nations Service Medal and the
Republic of Korea-Korean War Service Medal.  As a result of his
entitlement, his DD Form 214 should be corrected to reflect his awards.

3.  In view if the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 September 1956.  However, there is no statute of
limitations on requests for award of the Purple Heart; therefore, the
issues will be decided on the overall merits of the case.



BOARD VOTE:

__JTM___  __MJF__  __RJO__  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 all Department of the Army records of the
individual concerned be corrected by:

      a.  publishing orders awarding him the Purple Heart for wounds
received in action against enemy forces on 26 May 1951, while serving in
the rank of private (E-2);


      b.  amending his DD Form 214 to show that he was wounded in action on
26 May 1951 and received abrasions to his left knee, right thigh, fragment
wound to his right forearm, and foreign body to his right eye, while he was
in Korea as a result of a mine explosion; and


      c.  amending his DD Form 214 to show that he was awarded the Purple
Heart, the United Nations Service Medal, and the Republic of Korea-Korean
War Service Medal.




                            ____John T. Meixell___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002531                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  132                 |107.0086/UNSM                           |
|4.  105916              |107.0142                                |
|5                       |                                        |
|6.                      |                                        |


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