RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 January 2006
      DOCKET NUMBER:  AR20050007456


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Rose M. Lys                   |     |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
and that it be added to his DD Form 214, Report of Separation from the
Armed Forces of the United States.

2.  The applicant states, in effect, that while serving in the Korean War,
he was shot a number of times but was never awarded the Purple Heart.

3.  The applicant provided a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or an injustice,
which occurred on 30 September 1953.  The application submitted in this
case is dated 26 April 2005.

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 limitation 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 show that the applicant enlisted in
the Regular Army on 20 July 1950.  The applicant served in the military
occupational specialty (MOS) 4745 (Light Weapons Infantryman).  The
applicant was reclassified to the MOS 3912 (Automotive Fuel and
Electrical Systems Repairman) on 15 May 1953.

4.  Section 14 (Service Outside Continental United States), of the
applicant's WD AGO Form 24A, Service Record, shows he departed Camp
Stoneman, California, on 5 December 1950 en route to Japan and to Korea.
He arrived in Japan on 19 December 1950 and in Pusan, Korea, on 1 January
1951.  The applicant departed Korea en route to the United States on 15
November 1951 and arrived in Seattle, Washington, on 29 November 1951.
While he was in Korea, the applicant was assigned to Company I, 3rd
Battalion, 15th Infantry Regiment, 3rd Infantry Division.
5.  The applicant was honorably separated from active duty for physical
disability reasons in accordance with the provision of Department of the
Army Special Orders 184, paragraph 81, dated 18 September 1953, in the rank
and pay grade of Private, E-2.  On the date he was separated, the applicant
had completed 3 years, 2 months, and 11 days, active military service, with
no lost time.

6.  Block 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  C/B AD (acronym unknown – may be the acronym for the
Combat Infantryman Badge); the Korean Service Medal, with four bronze
service stars; and the United Nations Service Medal.  The Purple Heart is
not shown.

7.  The applicant was awarded the Combat Infantryman Badge, by Special
Orders 190, Headquarters, 15th Infantry Regiment, dated 14 July 1951.

8.  The Korean War Casualty File shows the applicant was seriously wounded
in action by the enemy on 31 January 1951, while serving in the rank of
Private as a light weapons infantryman. After being treated for his wounds,
the applicant was returned to his unit for duty on 27 February 1951.

9.  The Korean War Casualty File also shows the applicant was again
seriously wounded in action by a missile, on 24 March 1951, while still
serving in the rank of private.  The applicant was returned to duty with
his unit on 3 April 1951.

10.  Item 29 (Wounds Received as a Result of Action with Enemy Forces
(Place and Date, if Known), of the applicant's DD Form 214, shows the
entry, "Left Hand:  Fragment from Mortar Shell; Back, Neck and Shoulder:
Small Arms Fire." The date the applicant was wounded was omitted.

11.  Section 8 (Wounds Received through Enemy Action), of the applicant's
WD AGO Form 24A, Service Record, shows two entries:  "Small Arms Fire –
Neck, Back, and Shoulder – 31 January 1951; and Left Hand – Fragment of M.
Shell – 24 March 1951."

12.  Item 31 (Qualifications in Arms), of the applicant's DA Form 20,
Soldier's Qualification Record, shows the applicant qualified marksman with
his assigned M-1 Rifle on 1 August 1950.
13.  Army Regulation (AR) 600-8-22, as amended, provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through
14 August 1974, 2 August 1990 through 30 November 1995 and 11 September
2001 to a date to be determined.

14.  AR 600-8-22 states, in pertinent part, that the first oak leaf cluster
is awarded to denote the second and succeeding awards of certain
decorations, among which is the Purple Heart.

15.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, which lists unit awards received by units
serving in Korea, shows the unit the applicant was assigned to, Company I,
3rd Battalion, 15th Infantry Regiment, was awarded the Republic of Korea
Presidential Unit Citation, for the period 18 April 1951 through 11 May
1951, by Department of the Army General Orders (DAGO) Number 20, dated
1953, and the Bravery Gold Medal of Greece, during the period of the War in
Korea, by DAGO 2, dated 1956.

16.  As a matter of information, on the occasion of the 50th anniversary
of the Korean War, the Government of the Republic of Korea issued the
Korean War Service Medal to pay tribute to eligible Korean War veterans
for their heroic endeavors to preserve the freedom of the Republic of
Korea and the free world.  On 20 August 1999, the Department of Defense
approved acceptance and wear of this foreign service award to eligible US
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to veterans.  The Department of Defense assigned
responsibility to the Department of the Air Force for distribution of the
Korean War Service Medal to eligible veterans or their surviving next of
kin.  To apply, veterans must submit a copy of their discharge paper (DD
Form 214) to the Awards and Decorations Section, Headquarters, Air Force
Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base,
Texas 78150-4714.  A sample request form is provided.  Once the
Department of the Air Force has authorized the Korean War Service Medal,
the applicant may apply to the Army Board for Correction of Military
Records to have it added to his DD Form 214.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

18.  AR 670-1 governs the requirements for the overseas service bar.  In
pertinent part, it provided that a bar is authorized for wear for each
period of active Federal service as a member of the U.S. Army outside of
the continental limits of the United States.  One overseas service bar is
authorized for each six-month period served in the Republic of Korea.  To
calculate the entitlement, both the month of arrival and month of departure
are counted as a whole month no matter the number of days in that month
that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action against the
enemy on 31 January 1951 and on 24 March 1951 while serving as a light
weapons infantryman in Korea.  There is no evidence he was awarded the
Purple Heart for these wounds.  He is therefore entitled to award of the
Purple Heart, with oak leaf cluster, and to have this award added to his DD
Form 214.

2.  The applicant was awarded the Combat Infantryman Badge while he served
in Korea.  It appears this badge may have been added to his DD Form 214;
however, through the use of an unauthorized abbreviation.  He is entitled
to have this award added to his DD Form 214 so that it is clearly
identifiable.

3.  The evidence shows that the applicant served on active duty at a time
during which the National Defense Service Medal was awarded for honorable
active service.  He is therefore entitled to this award and to have it
added to his DD Form 214.

4.  The applicant's DA Form 20, shows he qualified marksman with his
assigned M-1 Rifle on 1 August 1950.  He is therefore entitled to award of
the Marksman Marksmanship Qualification Badge, with Rifle Bar, and to have
this badge added to his DD Form 214.

5.  During his tour of duty in Korea, the applicant served in a unit that
was awarded the Republic of Korea Presidential Unit Citation and the
Bravery Gold Medal of Greece.  These unit awards are not shown on his DD
Form 214.  He is entitled to these unit awards and to have them added to
this DD Form 214.

6.  The applicant's Korean service, from the date of departure from the
United States, to the date of his return, spanned from December 1950
through November 1951.  He is therefore entitled to award of two overseas
service bars and to have these bars added to his DD Form 214.
BOARD VOTE:

__J_____  __JCR___  _RML___  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.  adding the already-awarded Combat Infantryman Badge to the
applicant's DD Form 214;


      b.  awarding the applicant the Purple Heart, with oak leaf cluster,
for wounds he sustained in Korea on 31 January 1951 and on 24 March 1951
while serving in the rank of private as a light weapons infantryman with
Company I, 3rd Battalion, 15th Infantry Regiment;

      c.  awarding the applicant the National Defense Service Medal, two
overseas service bars and the Marksman Marksmanship Qualification Badge,
with Rifle Bar, and adding these awards to his DD Form 214; and

      d.  awarding the applicant the Republic of Korea Presidential Unit
Citation and the Bravery Gold Medal of Greece and adding these unit
awards to his DD Form 214.  He is entitled to these unit awards and to
have them added to this DD Form 214.




                            ______ John T. Meixell____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007456                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060126                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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