PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001057598


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests award of the Purple Heart (PH).

3. The applicant states, in effect, that he is requesting award of the PH under the provisions of Section 521, FY 96 National Defense Authorization Act.
He was a Prisoner of War (POW) in both South and North Korea from July 1950 to August 1953. At the time of his capture he was severely beaten in the head with the butt of a rifle. He was knocked unconscious. He received an open head wound his head was bandaged by one of the medical aid men who was captured with him. He was beaten many times but the most severe beating was when he was caught stealing food from the North Koreans. He was caught along with another prisoner. They were made to strip and were forced to stand at attention in sub zero weather for more than an hour. Cold water was poured over them during that period. He was numb; he thought that he was freezing to death. The other prisoner that was caught with him died two days later. For years he has suffered as a result of the wounds inflected by the constant beatings. His lower back now requires surgery because of the beatings. He submits in support of his application two sworn statements, his own and one from a former prisoner, copies of Veterans Administration Medical History (VA Form 10-0048) and copies of the Report of Medical History in Captivity (FEC Form No. 303).

4. 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 reconstructed records and shows that he entered active duty on
3 January 1949 at the age of 17.

5. The information available to the Board shows that the applicant was a POW from July 1950 to August 1953

6. On 8 January 1954, the applicant was honorably discharged. His Report of Separation from the Armed Forces of the United States (DD Form 214) shows that he completed 5 years and 6 months of creditable active service. He was awarded the Army of Occupation Medal w/Japan Clasp, Korean Service Medal
w/1 Bronze Service Star, National Defense Service Medal, Combat Infantryman
Badge and the United Nations Service Medal. His DD Form 214 does not show
the, award of the Purple Heart.

7. The applicant’s service medical records are not available. The medical information furnished by the applicant does not indicate that the applicant was wounded in action, nor does it indicate that he was wounded while being captured, or while in captivity. His copy of his psychiatric evaluation taken after his release from POW camp stated, “Not Wounded”.

8. Authorization for Issuance of Awards, DA Form 1577, dated 17 June 1988, filed in the applicant’s record awarded the applicant the POW Medal. However this award is not listed on the applicant’s DD Form 214.

9. Authorization for Issuance of Awards, DA Form 1577, dated 31 January 1989, filed in the applicant’s record awarded the applicant the Army Good Conduct Medal and the Republic of Korea Presidential Unit Citation. However, these awards are not listed on the applicant’s DD Form 214.

10. Authorization for Issuance of Awards, DA Form 1577, dated 23 April 1993, filed in the applicant’s record awarded the applicant the Presidential Unit Emblem (now known as the Presidential Unit Citation). However, this award is not listed on the applicant’s DD Form 214.

11. During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive. These injuries were considered to be the result of war crimes and not the result of a legal action of war. War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times. Initially it was decided that the change in policy would not be retroactively implemented. It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership. However, as part of the National Defense Authorization Act (NDAA) of 1996 Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

CONCLUSION:

1. There is no available evidence of record to show that the applicant was wounded at the time of his capture or while he was in captivity. The medical information provided by the applicant does not indicate that he was wounded,
at the time of capture or while he was a POW. Statements from individuals are normally inadequate as the sole basis for an award of the PH because they do not fulfill the regulatory requirements that there be a record of medical treatment.

2. The beatings, the hunger and other cruel treatment that the applicant endured while in captivity were indeed unfortunate and the Board empathizes with him; however, they do not meet the criteria outlined in either the old or current regulations nor in the cited Authorization Act. Therefore, without official substantiating evidence, the applicant is not entitled to award of the PH. If the applicant can provide substantiating evidence such as documented treatment records, which show that he was injured and was treated for an injury at the time of his capture or while in captivity, he may reapply

3. The evidence of record shows that the applicant was entitled to and was awarded the Prisoner of War Medal, the Army Good Conduct Medal, the Republic of Korea Presidential Unit Citation and the Presidential Unit Citation. Therefore, correction of the applicant’s record to show these awards is appropriate.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214 to show that he was awarded the Prisoner of War Medal, the Army Good Conduct Medal, the Republic of Korea Presidential Unit Citation and the Presidential Unit Citation.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__aao___ __mhm___ __kah__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057598
SUFFIX
RECON
DATE BOARDED	20020129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.