RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         FEBRUARY 8, 2005
      DOCKET NUMBER:  AR20040000162


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |Member               |


      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that as a former prisoner of war (a
prisoner of war in Korea from 1950 to 1953) he is eligible for award of the
Purple Heart.  He adds that all prisoners of war were awarded the Purple
Heart and he would like to receive one.

3.  The applicant submitted a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in Hawaii in the
Regular Army on 7 December 1948.  He was assigned to the 8291st Service
Unit, Recruit Training Command, Hawaii.  He completed basic combat and
advanced individual training in that unit.  On completion of his training,
the applicant was awarded the military occupational specialty (MOS) 4812,
Heavy Weapons Infantryman.

2.  On 14 May 1949, the applicant departed Hawaii and arrived in Japan on
2 June 1949.  He departed Yokohama, Japan, on 23 June 1949, and arrived
in Pusan, Korea, on 25 June 1949.  On arrival in Korea, he was assigned to
Company M, 21st Infantry Regiment, 24th Infantry Division.  The applicant
was reported missing in action on 5 July 1950.

3.  The applicant was captured and remained a prisoner of war in Prisoner
of War Camp #3 at Ch'ang Song until he was repatriated on 28 August 1953.

4.  On repatriation, the applicant was assigned to the 121st Evacuation
Hospital and on 29 August 1953, he was reassigned to the Medical Holding
Detachment, Tokyo Army Hospital, for further medical evaluation and
treatment.

5.  On 30 August 1953, a message, DX 51405, Korea Casualty Message 5515,
was sent from the CGAFFE (Main) Yokohama, Japan to The Adjutant General,
Washington, D.C.  The message contained the following, "Fol pers reptd
BRICK 28 Aug US Pers Cas Msg S-24 preliminary diag indicated, disp 121 Evac
Hosp, if further hosp this comd additional diag will fol:  [in the fifth
paragraph following this
paragraph, the message contained the following diagnosis pertinent to the
applicant] "obsn med malaria, amebiasis colon cured, avitaminosis,
pneumonia lobar, contusion left shoulder."

6.  On 18 September 1953, the applicant was reassigned to Tripler Army
Hospital in Hawaii where he remained assigned to the Medical Holding
Detachment as a patient until 3 December 1953.

7.  On 7 December 1953, the applicant underwent a separation physical
examination.  The result of the physical examination are not available,
however, a completed and signed Standard Form (SF) 89, Report of Medical
History, is in his service personnel records.  Item 40 (Physician's Summary
and Elaboration of All Pertinent Data), of the SF 89, shows the following
entries:  "6.  Right shoulder struck by rifle butt, Korea, painful in cold
weather.  No symptoms at present." and "7.  Frost bite, both feet, Korea,
December 1950, painful when cold is present."

8.  The applicant was honorably discharged on 8 December 1953 by reason of
expiration of term of service, in the rank and pay grade, Private First
Class, E-3, with 5 years and 2 days net service for pay purposes.

9.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
with an effective date of 8 December 1953, shows that he was awarded the
Army of Occupation Medal, with Japan Clasp; the Korean Service Medal, with
one bronze service star; and the United Nations Service Medal.

10.  The applicant reenlisted for 6 years in the Regular Army, on 3 March
1954, and remained on active duty until 11 February 1963 when he was
discharged under the provisions of AR 635-200, paragraph 7, as an overseas
returnee, in the rank and pay grade of Specialist Five, E-5.  On his
discharge date, the applicant had completed a cumulative total of 13 years,
11 months, and 11 days service, both active and Reserve service.

11.  Item (Wounds Received as a Result of Action with Enemy Forces), of the
applicant's DD Form 214, with an effective date of 8 December 1953, shows
the entry "None."

12.  The applicant was awarded the Combat Infantryman Badge in Special
Orders 164, published by the 21st Infantry Regiment on 1 August 1950.  This
badge is not shown on the applicant's DD Form 214.

13.  The applicant was awarded the Bronze Star Medal, for meritorious
achievement, during the period from 30 June 1950 to 14 July 1950, in
Permanent Orders 172-03 published by the U.S. Total Army Personnel Command
(now the U.S. Army Human Resources Command) on 20 June 2000.  This award
was not added to his DD Form 214.

14.  Army Regulation (AR) 600-8-22 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,
and the medical treatment must have been made a matter of official record.
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.

15.  Item 32 (Qualification in Arms), of the applicant's WD AGO Form 20,
Soldier's Qualification Record, shows that the applicant qualified and
earned the Expert Marksmanship Qualification Badge, with Rifle Bar (M-
1Rifle), on 4 February 1949 and the Expert Marksmanship Qualification
Badge, with Carbine Bar (M2 Carbine), on 31 May 1950.  These qualification
badges are not shown on the applicant's DD Forms 214.

16.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the applicant
was assigned to a unit, Company M, 21st Infantry Regiment, 24th Infantry
Division, which was awarded the Distinguished Unit Citation (now known and
hereafter referred to as the Presidential Unit Citation), for the period 2
July 1950 through 15 September 1950 by Department of the Army General Order
(DAGO) Number 45, dated 1950; and the Republic of Korea Presidential Unit
Citation for the period 2 July 1950 through 22 July 1950 by DAGO Number 35,
dated 1951.  The Korean government awards the Republic of Korea
Presidential Unit Citation. An individual may not wear more than one
Republic of Korea Presidential Unit Citation, and no oak leaf cluster or
other appurtenance is authorized.

17.  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
heroic 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.  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 provided.  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 have it added to
his DD Form 214.

18.  AR 600-8-22 provides, in pertinent part, for award of the Prisoner of
War Medal.  The regulation states that the Prisoner of War Medal was
authorized on 8 November 1985 and is awarded to individuals who in past
armed conflicts were taken prisoner or held captive.

19.  AR 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.  The National Defense Service Medal was omitted from
the applicant's separation document on his release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was held a prisoner of war from 5 July 1950 until he was
repatriated on 28 August 1953.  He is therefore entitled to award of the
Prisoner of War Medal and to have it added to his DD Form 214 at this time.

2.  The evidence of record shows that the applicant, while he was a
prisoner of war, was struck on the shoulder with a rifle butt.  The
evidence further shows that the applicant was treated for the resultant
injuries and the treatment was made a matter of record.  The applicant is
therefore entitled to award of the Purple Heart and to have it added to his
DD Form 214.

3.  The applicant was awarded the Bronze Star Medal, for meritorious
achievement on 20 June 2000.  This award was not added to the applicant's
DD Form 214 at that time and it would be appropriate to add this award to
his DD Form 214 at this time.

4.  The applicant was awarded the Combat Infantryman Badge.  This badge
was not added to his DD Form 214 when he was discharged.  It would be
appropriate to add the Combat Infantryman Badge to this DD Form 214 at
this time.

5.  The applicant was assigned to a unit, Company M, 21st Infantry
Regiment, at the time it was awarded the Presidential Unit Citation and the
Republic of Korea Presidential Unit Citation.  He is therefore entitled to
these unit awards and to have them added to his DD Form 214.

6.  The applicant earned the Expert Marksmanship Qualification Badge, with
Rifle Bar, and the Expert Marksmanship Qualification Badge, with Carbine
Bar.  These qualification badges are not shown on his DD Form 214.  It
would be appropriate to add these badges to his separation document at this
time.

BOARD VOTE:

mkp_____  slp_____  sap_____  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 the applicant the Prisoner of War Medal and adding it to
his DD Form 214, with an effective date of 8 December 1953;

      b.  awarding the applicant the Purple Heart for injuries he sustained
on 5 July 1950 when he was taken a prisoner of war and struck on the
shoulder with the butt of a rifle;

      c.  adding the already-awarded Bronze Star Medal, Combat Infantryman
Badge, the Expert Marksmanship Qualification Badge, with Rifle Bar, and the
Expert Marksmanship Qualification Badge, with Carbine Bar, to the
applicant's DD Form 214, with an effective date of 8 December 1953; and

      d.  awarding then adding the Presidential Unit Citation and the
Republic of Korea Presidential Unit Citation to the applicant's DD Form
214.





                                  _____Margaret K. Patterson__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000162                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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