PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 DECEMBER 2002
         DOCKET NUMBER: AR2002077167


         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
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 that his records be corrected to reflect two awards of the Purple Heart. He states, in effect, that he was a prisoner of war for more than 33 months and was subjected to torture for being "stubborn." He notes that he sustained a shrapnel wound to his right ankle and injuries to his wrists from handcuffs. In support of his request he submits copies of documents awarding him two Bronze Star Medals, a picture of him receiving an award of the Bronze Star Medal and documents from the VA confirming his service connected disabilities.

3. The applicant's records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. Information contained herein was reconstructed from alternative source, including information provided by the applicant.

4. Information available to the Board indicates the applicant entered active duty on 3 September 1948 and served overseas for more than 3 years where he was awarded the Korean Service Medal. According to an entry on the applicant's Department of Defense Form 214 (Report of Separation from the Armed Forces of the United States) he sustained a shrapnel wound to his right ankle as a result of action with enemy forces in December 1950. There is, however, no indication he was awarded a Purple Heart for his shrapnel wound.

5. An order issued by Headquarters, X Corps in March 1951 awarded the applicant a Bronze Star Medal with "V" device for his heroic actions on
3 December 1950. The narrative citation notes that the applicant volunteered to get a message to another element and that once he "departed on this important mission" he was "never to be heard from again." Other information indicates that the applicant was captured by enemy forces on 3 December 1950 and remained in captivity until 27 August 1953.

6. A medical examination, conducted in September 1953, indicates the applicant was treated for a variety of ailments which he acquired during his captivity. An undated award citation notes that the applicant was awarded a Bronze Star Medal for meritorious service during the period December 1950 and August 1953 and specifically indicated that the applicant was subjected to "indurance (sic) tortures as punishment" while in captivity. Presentation of the award is confirmed in the photograph provided by the applicant and an August 1954 news article.

7. The applicant was honorable discharged on 24 December 1953. His separation document does not reflect entitlement to either Bronze Star Medal or any awards of the Purple Heart.




8. In 1991 the Department of Veterans Affairs confirmed that the applicant's contusion to both wrists were service connected. In 1991 the applicant was also authorized issuance of the Prisoner of War Medal by officials at the Army Reserve Personnel Center in St. Louis.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

10. 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 post 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 or war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

11. 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 award to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. The Department of Defense has 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 provide a copy of their discharge paper (Department of Defense 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 separation document.

CONCLUSIONS:

1. The Board notes that the applicant's separation document confirms that he was wounded as a result of hostile action in December 1950. The Board concludes that in all likelihood, the applicant sustained the shrapnel wound just prior to being captured by enemy forces on 3 December 1950. As such, the Board concludes it would be appropriate, and in the interest of justice to award the applicant a Purple Heart for this wound.

2. Additionally, the Board is convinced, based on the information contained in his Bronze Star Medal for meritorious service, that the applicant sustained multiple injuries while in a prisoner of war status which, under the National Defense Authorization Act of 1996 would entitle him to an award of the Purple Heart. It would be appropriate and in the interest of justice to award the applicant a second Purple Heart for the injuries he sustained while in captivity.

3. The Board also notes that neither of his Bronze Star Medals are reflected on his separation document, nor is his Prisoner of War Medal. It would be appropriate to correct his record to reflect these decorations.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by awarding the applicant a Purple Heart for wounds sustained on
3 December 1950 and for wounds sustained while in captivity between December 1950 and August 1953;

b. by showing that he was awarded a Bronze Star Medal with "V" device and a Bronze Star Medal for meritorious service; and


c. by showing that he is entitled to the Prisoner of War Medal.

BOARD VOTE:

__RWA__ __KYF __ __BPI ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077167
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021212
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.