IN THE CASE OF: BOARD DATE: 20 October 2009 DOCKET NUMBER: AR20090009384 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the Purple Heart and the Prisoner of War (POW) Medal. 2. The applicant states, in effect, that his injury (mortar fragments left ear) on 17 May 1951 in Korea is listed in item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 (Report of Separation from the Armed Forces of the United States). He also contends that he was wounded before he was captured by the North Korean forces. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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. 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 in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 16 October 1950 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 17 December 1953. 4. The applicant's DD Form 214 shows the Combat Infantryman Badge, the National Defense Service Medal, the Korean Service Medal with seven bronze service stars, and the United Nations Service Medal as authorized awards. Item 29 on his DD Form 214 shows the entry, "Mortar Fragments Left Ear 17 May 51 Korea." 5. There are no orders for the Purple Heart in the available records. 6. The Korean Casualty Roster shows the applicant was wounded on 18 May 1951. 7. The Repatriated Korean Conflict Prisoner of War Roster shows the applicant was captured on 18 May 1951 and released on 26 August 1953. 8. 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 by military personnel, and the medical treatment must have been made a matter of official record. 9. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive. 10. Army Regulation 600-8-22 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. Although the Korean Casualty Roster shows the applicant was wounded on 18 May 1951, and item 29 on his DD Form 214 shows he was wounded on 17 May 1951, the applicant contends that he was wounded before his was captured by Korean forces. Evidence of record shows he was captured on 18 May 1951. Therefore, the entry in item 29 on the applicant’s DD Form 214 which shows he was wounded on 17 May 1951 in Korea is accepted as sufficient evidence on which award him the Purple Heart and to amend item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Purple Heart. 2. The evidence of record shows the applicant was a POW in Korea from 18 May 1951 to 26 August 1953. Therefore, he is entitled to the POW Medal and correction of item 27 on his DD Form 214 to show this medal. 3. The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal. Therefore, item 27 on his DD Form 214 should be corrected to show this medal. BOARD VOTE: _____x___ ____x____ ____x____ 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: a. awarding him the Purple Heart for wounds received in action on 17 May 1951 in Korea; the POW Medal, and the Republic of Korea War Service Medal; and b. adding the Purple Heart, the POW Medal, and the Republic of Korea War Service Medal in item 27 on his DD Form 214. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090009384 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1