RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 December 2003                  
	DOCKET NUMBER:   AR2003088932

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 does not give any particulars regarding his request and states that he does not have any evidence to submit.

3.  The applicant does not provide any documentation in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error that occurred on 1 September 1951.  The application submitted in this case is dated 2 April 2003.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and consist of the following forms: 

a. AGO Form 01252 (Certificate in Lieu of Lost or Destroyed Discharge), undated; 

b. AGO Form 01254 (Transcript of Military Record), undated; 

c. WD AGO Form 38, (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 26 February 1946;

d. WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 27 February 1946;

e. WD AGO Form 100 (Separation Qualification Record), undated; 

f. Army of the United States Certificate of Service, dated 18 January 1949; 

g. WD AGO Form 53-280 (Enlisted Record and Report of Separation Certificate of Service), dated 18 January 1949; 

h. DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 1 September 1951; and, 

i. original medical records, covering the periods the applicant was on active duty.

4.  The available records show that the applicant was inducted on 3 December 1942 and completed training as an artilleryman.  He arrived in the European-African-Middle Eastern Theater of Operations on 10 October 1944 and departed the theater on 10 February 1946.  The applicant returned to the United States and was separated from the service on 17 February 1946.  His WD AGO Form 53-55 shows that he is entitled to the following awards: the Army Good Conduct Medal; the European-African-Middle Eastern Campaign Medal with three bronze service stars; the American Campaign Medal; the Distinguished Unit Citation; and, the World War II Victory Medal.

5.  The applicant later served on active duty for a period of 1 year, from 19 January 1948 to 18 January 1949.  During this period he did not serve overseas and did not receive any additional awards or decorations.

6.  On 17 October 1950, the applicant returned to active duty to serve in the Korean War.  During this period of service, he was awarded the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, and two other awards, not discernable to the Board, on the copy of the DD Form 214.

7.  All three separation documents, pertaining to the applicant’s periods of active duty in the Regular Army, were authenticated in his own hand; none of the documents show entitlement to award of the Purple Heart and none of them indicate that the applicant was wounded in action.

8.  There are no orders in the available records that show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders, or a certificate, awarding him the Purple Heart.

9.  There are no medical documents in the available records to include copies of information derived from the hospital admission cards the Office of The Surgeon General, commonly referred to as the "SGO Files,” which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

10.  The applicant’s name does not appear on the US Army Korean War Casualty List.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, 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.

13.  Army Regulation 600-8-22 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.

14.  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 historic 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.

15.  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 being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant authenticated each of his separation documents, none of which showed award of the Purple Heart or wounds sustained in action.

2.  There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.

3.  There are no orders that awarded the applicant the Purple Heart.

4.  Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart.

5.  Records show the applicant should have discovered the error or injustice now under consideration on 1 September 1951; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 August 1954.  However, the applicant did not 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 file in this case.

6.  The evidence shows that the applicant’s record contains administrative error(s) that do not require action by the Board.  The necessary corrections will be accomplished administratively by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___jea  __  ___ym___  ____rvo_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is insufficient to warrant award of the Purple Heart or to excuse the applicant’s failure to file an application with the Army Board for Correction of Military Records within its 3-year statute of limitations.  Therefore, the Board does not excuse the applicant’s failure to timely file within the time prescribed by law and his application is denied for that reason.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD, St. Louis, Missouri administratively correct the records of the individual concerned to show award of:

	a. the National Defense Service Medal; and,

	b. the United Nations Service Medal.

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088932	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.