RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070006305


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 was injured when he was in Korea in 1951
and that he did not realize that the Purple Heart was not on his DD Form
214 until his representative was completing his application for Combat-
Related Special Compensation (CRSC).  He states that he was assigned to
Company G, 187th Airborne Regimental Combat Team when the team rescued
members of the 38th Infantry Regiment, 24th Division.  He states that they
were caught in an ambush and were surrounded by the Chinese Communist
Forces.  He states that he was hit by shrapnel in his left knee and that he
was treated and returned to duty.

3.  The applicant provides in support of his application a self-authored VA
Form 21-4138 (Department of Veterans Affairs – Statement in Support of
Claim) and a webpage printout showing his name on a United States Army
Casualty List.

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.  On 10 March 1950, the applicant enlisted in the Army in Pittsburg,
Pennsylvania, for 2 years, in the pay grade of E-1.  He successfully
completed his training and was awarded military occupational specialty
(MOS) 74745 (rifleman).

3.  The applicant was promoted to the pay grade of E-2 on 1 June 1950 and
he was transferred to Korea on 6 September 1950.  He was promoted to the
pay grade of E-3 on 30 October 1950.

4.  The applicant’s record contains a WD AGO Form 0365-1 (Battle Casualty
Report) showing that the applicant’s casualty report was received on 24
February 1951.  This document also shows that on 26 February 1951, a
telegram was sent to the applicant's mother notifying her that he was
slightly wounded in action in Korea on 12 February 1951.  The applicant’s
mother was advised to address all mail to the hospital directory section in
care of Postmaster, San Francisco, California.

5.  The applicant's WD AGO Form 24A (Service Record), Section 8 (Wounds
Received Through Enemy Action) shows that he sustained a gunshot wound to
his left leg on 12 February 1951.

6.  The applicant returned to the Continental United States on 2 June 1951
and he arrived at Fort Indiantown Gap Military Reservation, Pennsylvania.

7.  The applicant was honorably discharged on 14 March 52, at the
expiration of his term of service.  The DD Form 214 that he was furnished
at the time of his discharge shows that he was awarded the Parachutist
Badge, the Combat Infantryman Badge, the Korean Service Medal w/four Bronze
Service Stars and 1 Bronze Arrowhead.  However, the Purple Heart was not
included on his DD Form 214.

8.  The applicant reenlisted in the Army for 6 years on 15 March 1952.  He
continued to serve on active duty through continuous reenlistments.

9.  After completing 20 years and 21 days of total active service, he was
honorably retired on 31 March 1970, upon obtaining sufficient service for
retirement and he was transferred to the Retired Reserve.  The DD Form 214
that he was furnished at the time of his retirement shows that he was
awarded the Parachutist Badge, the Glider Badge, the Combat Infantryman
Badge (2nd Award), the Korean Service Medal, the National Defense Service
Medal (1st oak leaf cluster), the United Nations Service Medal, the
Republic of Korea Presidential Unit Citation, the Armed Forces
Expeditionary Medal, the Army Good Conduct Medal (Forth Award), the Army of
Occupation Medal w/Berlin Clasp, the Army Commendation Medal, the Master
Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal w/Device (1960), the Republic of Vietnam Gallantry Cross
with Bronze Service Star; the Bronze Star Medal (1st oak leaf cluster) with
"V" Device, the Presidential Unit Citation, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

10.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he was also awarded the Expert Marksmanship Qualification Badge with Rifle
Bar (M-16).  However, this award was not included on the DD Form 214 that
he was furnished at the time of his retirement.
11.  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 by
military medical personnel, and the medical treatment must have been made a
matter of official record.

12.  Army Regulation 600-8-22 (Military Awards) states that 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.  Based on the information contained in the applicant's official record,
he is entitled to award of the Purple Heart.

2.  His records clearly show that he sustained a gunshot wound to his left
leg, on 12 February 1951, while he was in Korea.  Based on the telegram
that was sent to the applicant's mother and the fact that he was serving in
an infantryman military occupational specialty, it is reasonable to presume
that his wound was the result of hostile action by the enemy.

3.  The evidence of record indicates that he should have been awarded the
Purple Heart prior to his discharge on 14 March 1952.  Inasmuch as all of
his decorations have been included on his final DD Form 214, it would be
appropriate to award him the Purple Heart and to incorporate this
decoration on his final DD Form 214.

4.  The applicant is entitled to the Republic of Korea War Service Medal
based on his service in Korea from 6 September 1950 to 2 June 1951.
Therefore, this award should be added to his DD Form 214.


5.  The applicant's records show that he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, this
award should also be included on the DD Form 214 that was issued at the
time of his retirement.

6.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__RTD___  __CAD__  __EEM__  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
awarding him the Purple Heart for a gunshot wound that he sustained to his
left leg as a result of hostile action in Korea on 12 February 1951;
showing award of the Republic of Korea War Service Medal, and the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16); and providing the
applicant a correction to his DD Form 214 for the period ending 31 March
1970 to show these awards.




                                  ___Richard T. Dunbar____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006305                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  154                 |107.0108/EXPERT MARKS QUAL BADGE        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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