RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            2 February 2006
      DOCKET NUMBER:   AR20050009665


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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, that during the period November 1950
through January 1951, he suffered from frostbite, while serving in Korea.
He also claims that he received a fragment wound from a grenade in late
October or early November 1952, while serving in the Kunwah Valley, Korea.


3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter, dated 14 June 2005; Doctor’s Letter,
dated 20 June 2005; Department of Veterans Affairs (VA) Rating Decision,
dated 20 November 2000; and Spouse Supporting Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 April 1971.  The application submitted in this case is
dated
23 June 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 record shows that he entered the Army National Guard on

9 October 1950, and that he served in an inactive status for 5 months and
24 days until 2 April 1952.

4.  On 7 April 1951, he enlisted in the Regular Army and entered active
duty.  His Enlisted Qualification Record (DA Form 20) shows that he served
in Korea from 4 January 1952 through 29 November 1952, and in the Republic
of Vietnam (RVN) from 3 November 1968 through 22 October 1969.  Item 40
(Wounds) is blank, indiating he was never wounded in action.

5.  Item 41 of the applicant’s DA Form 20 shows that he earned the
following awards during his tenure on active duty:  National Defense
Service Medal (NDSM) 1st Oak Leaf Cluster; Korean Service Medal (KSM);
United Nations Service Medal (UNSM); Combat Infantryman Badge (CIB); Army
of Occupation Medal (AOM) with Germany Clasp; Army Good Conduct Medal (7th
Award); Vietnam Service Medal (VSM); RVN Campaign Medal; and Bronze Star
Medal (BSM).  The PH is not included in this list of earned awards.  Item
48 (Date of Audit) contains an entry indicating he last audited his record
on 23 February 1971.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
medical treatment records that indicate the applicant was ever treated for
a combat related wound or injury.  There are also no orders, or other
documents on file in the MPRJ that show he was ever recommended for, or
awarded the PH while he was serving on active duty.

7.  On 30 April 1970, the applicant was honorably released from active duty
(REFRAD) for the purpose of retirement after completing a total of 20 years
and 24 days of active military service.  The separation document (DD Form
214) he received at this time did not include the PH in the list of
authorized awards.  The applicant authenticated this document with his
signature on the date of his separation.

8.  On 18 December 2002, the applicant submitted an application to the Army
Board for Correction of Military Records (ABCMR) requesting he be awarded
the Republic of Korea Presidential Unit Citation, RVN Gallantry Cross with
Palm Unit Citation, and Korean War Service Medal.  The applicant made no
mention of the PH in this application.

9.  Subsequent to its review of his case, the Board’s recommendation
resulted in a correction (DD Form 215) to his 30 April 1971 DD Form 214
being issued that added the Meritorious Unit Commendation (MUC) 1st Oak
Leaf Cluster and RVN Gallantry Cross with Palm Unit Citation to Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).  A DD Form 215 was also issued to correct his 19
April 1959 DD Form 214 by adding the Korean Service Medal with 2 bronze
service stars and Republic of Korea Presidential Unit Citation to Item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).  The applicant was also advised of where to apply
to receive the Korean War Service Medal.


10.  The applicant provides a Doctor’s Letter, dated 20 June 2005, that
indicates he was injured during the Korean War.  It further indicates he
suffered from frostbite to both hands and both lower extremities, and also
severe ankle trauma, which has resulted in chronic ankle instability for
which he is receiving a brace.  It further indicates he has scars on his
right upper and right lower extremity consistent with grenade shrapnel
fragments.  He also provides a VA Rating Decision that indicates he
received disability ratings for residuals of cold injuries. Finally, he
provides a statement from his spouse who indicates over the years small
bits of metal would work their way through the skin on the applicant’s leg,
and hip area, and when she asked him about it, he told her it was from
grenade fragments.  She goes on to explain her perception of the events
that led to the applicant’s wounding.

11.  During the review of this case, a member of the Board staff reviewed
the Korean War Casualty List.  The applicant’s name was not included in the
list of Korean War casualties.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
evidence he submitted were carefully considered.  However, by regulation,
in order to support award of the PH, there must be evidence confirming that
the wound for which the award is being made was received as a direct result
of, or was caused by enemy action, that the wound was treated by military
medical personnel, and a record of this medical treatment must have been
made a matter of official record.

2.  The evidence of record in this case includes the applicant’s DA Form
20, which is void of any entry in Item 40, which indicates he was never
wounded or injured in action, and the PH is not included in the list of
authorized awards contained in Item 41.  The applicant last audited this
record on 23 February 1971.  In effect, this was his verification that the
information contained on the record, to include the Item 40 and Item 41
entries, was correct at that time.

3.  The applicant’s MPRJ is void of any medical treatment records
indicating he was ever treated for a combat related wound or injury, and
there are no orders, or other documents on file that show he was ever
recommended for, or awarded the PH.  The final DD Form 214 he was issued on
30 April 1971 does not include the PH in the list of earned awards in Item
24, and the applicant 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 list of
awards, was correct at the time it was prepared and issued.

4.  Further, there is no indication that the applicant ever addressed the
PH issue in the over 19 he years remained on active duty after completing
his service in Korea.  In addition, in his application to this Board in
2002, in which he requested awards be added to his record, he failed to
raise the PH issue.  Finally, his name is not included on the Korean War
Casualty List, the official Department of the Army list of Korea battle
casualties.  Therefore, absent any evidence of record to corroborate the
applicant’s claim of entitlement to the PH, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1971, the date of his REFRAD
for retirement.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 29 April 1974.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___YM __  ___MJP _  __DJP __  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.




            ____Yolanda Maldonado_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009665                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/04/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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