RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 February 2006
      DOCKET NUMBER:  AR20050008027


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he would like to be issued the PH.

3.  The applicant refers to his Department of Veterans Affairs (VA)
records; however, he provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 20 February 1954.  The application submitted in this case
is dated
3 May 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 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 (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  This
case is being considered using the applicant’s Separation Document (DD Form
214) and an Office of the Surgeon General (OTSG) Hospital Admission Record
for 1954.

4.  The applicant’s DD Form 214 shows he enlisted in the Army and entered
active duty on 15 March 1951.  It further shows that he served on active
duty for 2 years, 11 months, and 6 days until being honorably separated on
20 February 1954.  It also confirms he served overseas for 2 years, 4
months, and 27 days, and that he earned the Korean Service Medal (KSM) with
bronze service star and the United Nations Service Medal.  The PH is not
included in the list of authorized awards contained on the DD Form 214.
5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “NA”; and the applicant
authenticated this document with his signature in Item 48 (Signature of
Person Being Separated).

6.  The applicant’s file includes OTSG Hospital Admission Reports for 1954,
which show he was admitted to a medical treatment facility in Japan in
January 1954 and treated for Urethritis, Gastroenteritis, and Prostatitis.
These documents confirm these illnesses were non-battle related.

7.  During the review of this case, a member of the Board staff reviewed
the Korean War Casualty Roster.  The applicant’s name was not included in
this Department of the Army (DA) list of Korean War Casualties.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria, and administrative instructions concerning individual military
awards.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that the PH is awarded to
any member of an Armed Force who is wounded or killed in action.  A wound
is defined as an injury to any part of the body from an outside force or
agent sustained under conditions defined by this regulation.  In order to
support awarding a member the PH, it is necessary to establish that the
wound, for which the award is being made, required treatment by a medical
officer.  This treatment must be supported by records of medical treatment
for the wound or injury received in action, and must have been made a
matter of official record.

9.  Paragraph 5-10 contains guidance on the National Defense Service Medal.
 It states, in pertinent part, that it was awarded for honorable active
duty service during the period between 27 June 1950 and 27 July 1954.

10.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible veterans of the
Korean War.  Responsibility for distribution of the KWSM was given to the
Department of the Air Force.  An application should be submitted, with a
copy of a 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.  Once the KWSM has been authorized by the
Department of the Air Force, application may be made to this Board to add
this award to his DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.   The applicant’s claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to award a PH, it is
necessary to establish that the wound for which the award is being made was
received as a result of enemy action.

2.  The available evidence includes an OTSG Hospital Admission Records for
1954, which confirm he was treated for illnesses that were non-battle
related.  His DD Form 214 contains the entry “NA” in Item 29, which
indicates he was never wounded in action, and he authenticated this
document with his signature on the date of his separation.  In effect, this
was his verification that the information contained on the separation
document, to include the Item 29 entry, was correct at the time the
document was prepared and issued.  Finally, his name is not included on the
Korean War Casualty Roster, the official DA list of Korea battle
casualties.

3.  The veracity of the applicant’s claim of entitlement to the PH is not
in question.  However, absent any evidence corroborating that he received a
wound or injury a direct result of, or that was caused by enemy action, or
that he was ever treated for a combat related wound or injury by military
medical personnel, the regulatory burden of proof necessary to support
award of the PH has not been satisfied in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 20 February
1954, the date of his separation from active duty.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
19 February 1957. He failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

5.  The evidence shows the applicant is entitled to the National Defense
Service Medal based on his honorable active duty service during a
qualifying period.  The omission of this award is an administrative matter
that does not require Board action to correct.  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 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___JS___  ___NH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by showing his entitlement to the National Defense Service Medal;
and by providing him a correction to his separation document that includes
this award.




            ____William D. Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008027                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/02/20                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |PETS                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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