PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR2002066798


         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. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Donald P. Hupman		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, in effect, that he be awarded the Prisoner of War (POW) Medal.

3. The applicant states that the fact he was missing in action and a POW in Korea, is not reflected in his records or on his discharge.

4. In support of his request, he submits a copy of his DD Form 214, Report of Separation from the Armed Forces; a letter from his counsel to his elected representative, Congressman Ehlers, Michigan, seeking assistance in gaining award of the POW Medal; a copy of WD AGO Form 8-27, Field Medical Card, showing that he was wounded in the right leg on 26 January 1953; and affidavits prepared by himself setting out the details of his wounding and captivity, and his two sisters, a brother and his brother-in-law, stating that a telegram was delivered to their home in January or February 1953, advising that the applicant was missing in action, and further stating, that five or six days later, a second telegram was received stating that the applicant had been wounded in action.

5. Applicants counsel contends that the affidavits prepared by the applicant’s siblings and the affidavit signed by the applicant himself verify that he was taken prisoner on 26 January 1953, and mistreated by his captors.

6. The applicant’s military records show that he was inducted on 20 November 1951, served in Korea with Company E, 5^th Infantry Regiment for approximately 9 months and was honorably released from active duty to the US Army Reserve on 6 October 1953, in the rank of private first class.

7. His awards include: the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, the National Defense Service Medal and the Purple Heart.

8. His DD Form 214 does not contain an entry indicating that he was a POW. Nor, do the available records contain a copy of the telegram(s) referenced in the affidavits submitted in support of his case.

9. The applicant relates in his affidavit that during his captivity he was relieved of his wallet, watch, boots and parka, and during his interrogation by North Korean soldiers, he was tortured and severely beaten about the head, arms and legs.

10. The applicant’s medical records show that he was wounded on 26 January 1953, and initially treated at the 629^th Medical Clearing Company for a shell fragment missile wound to the right leg. From there, he was evacuated to the 11^th Evacuation Hospital on 29 January 1953, for preliminary treatment, then to the 25^th Evacuation Hospital where surgery was performed on 2 February 1953, to repair the wound to his leg. The available documentation does not show that he was treated for any other wounds or injuries.
11. A member of the staff of the Board contacted the Army Casualty Affairs Office, POW/MIA Branch, and determined that that office had no record of the applicant having been reported as a POW/MIA.

12. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the POW Medal is authorized for any person who, while serving in any capacity with the US Armed Forces, was taken prisoner and held captive after 5 April 1917. Personnel officially classified as missing in action are not eligible for award of the POW Medal. The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.

13. The same regulation provides that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

14. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea 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. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit in Korea, Company E, 5^th Infantry Regiment, was awarded the Republic of Korea Presidential Unit Citation for the period 31 July 1950 to 27 July 1953.

CONCLUSIONS:

1. The applicant’s available records contain no documentation to show that he was a POW. While the Board does not doubt the validity of the affidavits submitted by the applicant and his siblings, such statements are acceptable only where corroborating evidence is available from official sources. In the absence of official evidence showing that he was captured and held prisoner, there are no grounds for the Board to award the POW Medal.

2. Nonetheless, the applicant’s service was apparently meritorious during the entire length of his active duty from 20 November 1951 to 6 October 1953. Inasmuch as his record is devoid of any evidence of lost time or disciplinary action taken or contemplated against him and that he received a promotion to the rank of private first class and an honorable discharge, it would appear that the absence of the GCM for the period of his service was an error, and the GCM should be added to his DD Form 214. Likewise, the DA pamphlet shows that his unit was awarded the Republic of Korea Presidential Unit Citation during the period of his assignment and this award should be added to his DD Form 214 as well.

3. 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 Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her
DD Form 214.

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 showing that the individual concerned was awarded the GCM for the period 20 November 1951 to 6 October 1953, and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

___fne___ ____mhm ___dph__ DENY APPLICATION




                  __________Fred N. Eichorn____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066798
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020716
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.