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Decision Text

ARMY | BCMR | CY2002 | 2002082138C070215
Original file (2002082138C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 March 2003
         DOCKET NUMBER: AR2002082138


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Raymond V. O'Connor Member
Ms. Eloise C. Prendergast 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.


2. The applicant requests, in effect, award of the Prisoner of War (POW) Medal.

3. The applicant states, in effect, that his platoon was captured by the North Koreans and Chinese and held as prisoners for three days. He contends that after three days, they were blindfolded and he was shot in the left leg and left arm.

4. The applicant’s military records show he enlisted on 30 July 1948 for a period of 3 years. He served as an infantryman in Korea and was discharged by reason of permanent disability on 31 December 1951. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the POW Medal as an authorized award.

5. There is no evidence in the applicant's service personnel records which shows that he was taken prisoner or held captive during the Korean War.

6. The Board notes that the applicant is entitled to award of the National Defense Service Medal (NDSM). This award is not shown on the applicant's DD Form 214.

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

8. 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.

9. 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.

10. 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.

CONCLUSIONS:

1. The Board considered the applicant's contention that his platoon was captured by the North Koreans and Chinese and held for three days.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was taken prisoner or held captive during the Korean War. Therefore, the Board determined that there is insufficient evidence on which to base award of the POW Medal in this case.

3. The applicant is entitled to the NDSM based on his honorable active service from 30 July 1948 through 31 December 1951. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 National Defense Service Medal.

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

BOARD VOTE
:

JL_____ RVO____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Joann Langston_________
                  CHAIRPERSON




INDEX

CASE ID AR2002082138
SUFFIX
RECON
DATE BOARDED 20030327
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0029
2. 107.0069
3.
4.
5.
6.


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