RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040008787


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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, award of the Purple Heart and any
other medals and awards that he is entitled too.

2.  The applicant states, in effect, that:

      a.  he was assigned to 1st Battalion, D Company, 32nd Regiment,
7th Division, retreating from the east side of the Chosin Reservoir, when
he was wounded by an enemy's bayonet on his left leg, above the ankle, but
was unable to report the wound because they were in full retreat;

      b.  he was wounded a second time when the enemy killed the driver of
a truck and the driverless truck crushed the applicant between two trucks;

      c.  he was captured on 2 December 1950 and spent 33 months as a
prisoner of war (POW) without medical treatment;

      d.  when he was released in 1953, x-rays confirmed cracks in his
pelvic area, and that the problems with his hips took precedence over the
wounds in his leg which had healed;

      e.  during his captivity he received beatings from rifle butts,
kicks, etc. and suffered from a lack of food, water and medical care; and

      f.  he was confined in extremely small cages.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States) with an effective date of
separation of
13 October 1953 and a copy of his Honorable Discharge Certificate, dated
13 October 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 October 1953, the date of his discharge.  The application
submitted in this case is dated 12 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s service personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the Army Board For Correction of Military Records were
provided by the applicant.  The primary record available to this Board is
the applicant’s DD 214 Form 214.

4.  The applicant's DD Form 214 shows that he entered into active service
on
13 August 1948.  The DD Form 214 contains the following entries:

      a.  Item 26 (Foreign and/or Sea Service) shows 4 years, 8 months and
12 days;

      b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) shows award of the Combat
Infantryman Badge but does not show award of the Purple Heart;

      c.  Item 28 (Most Significant Duty Assignment) shows the applicant
was assigned to D Company, 32nd Infantry Regiment;

      d.  Item 29 (Wounds Received as a Result of Action with Enemy)
contains the entry "NA" (not applicable);

      e.  Item 38 (Remarks) contains the entry "POW KOREA"; and

      f.  Item 48 (Signature of Person Being Separated) contains the
applicant's signature.

5.  The applicant's name does appear on the Korean War Casualty Roster as
missing in action on 2 December (year not indicated).  The Roster shows the
applicant's status changed to captured, returned to military control on 14
August 1953.  The Roster does not show the applicant as having been wounded
as a result of hostile action.

6.  Review of the applicant's records revealed entitlement to awards, which
are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

8.  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.

9.  Army Regulation 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 authorized for any person
who, while serving in any capacity with the U.S. Armed Forces, was taken
prisoner and held captive after 5 April 1917.

10.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing discharge documents.  In
pertinent part, it directs that, in the case of prisoners of war, the unit
of assignment, country and dates of capture and release will be entered in
the “Remarks” section of the discharge document.

11.  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.

12.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and
27 July 1954.

13.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  A silver star is worn instead of five
bronze service stars.  The regulations state that authorized bronze service
stars will be worn on the appropriate campaign and service medal, which in
this case is the Korean Service Medal.  Prisoners of war are not accorded
credit for the time spent in confinement or while otherwise in restraint
under enemy control.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaign participation credit, assault
landing credit, unit citation emblems, and occupation duty credit for World
War II and for the Korean War.  This document shows that, the 32nd Infantry
Regiment,
7th Infantry Division received the Republic of Korea Presidential Unit
Citation for the period from 30 September 1950 to 27 July 1953, based on
Department of the Army General Order Number 22, dated 1956.

16.  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.

17.  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 DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for wounds received in Korea.

2.  The applicant’s DD Form 214, which was authenticated in his own hand at
the time of his separation from the service, does not show award of the
Purple Heart.
3.  There is no evidence of record available to the ABCMR, which shows that
the applicant was wounded or treated for wounds due to hostile action;
therefore, he is not entitled to award of the Purple Heart.  The ABCMR
noted the statement by the applicant in support of his claim for award of
the Purple Heart.  However, absent any other corroborating evidence of
record and in view of the fact that the applicant signed his DD Form 214
authenticating that he received no wounds in action, this statement alone,
over 50 years after the fact, is not sufficient as the basis for award of
the Purple Heart.

4.  The evidence shows that the applicant was a prisoner of war in Korea.
The available records show that the applicant was captured on 2 December,
but the year is not indicated.  However, the Board accepts the applicant's
statement that he was captured on 2 December 1950.  The evidence does show
that the applicant returned to military control on 14 August 1953.
Therefore, he is entitled to the Prisoner of War Medal.

5.  Records show the applicant served honorably for 3 years, 2 months and
27 days during the period 27 July 1950 through 27 July 1954.  Therefore,
the applicant is entitled to the National Defense Service Medal.

6.  The fact that the applicant was awarded the Combat Infantryman Badge
and he was captured and held as a POW for 33 months verifies that he was in
fact assigned for duty in Korea between 27 June 1950 and 27 July 1954.
Therefore, he entitled to the Korean Service Medal and the United Nations
Service Medal.

7.  Although the date of the applicant's arrival in Korea cannot be
verified with the available record, the evidence shows that the applicant
would have participated in at least one campaign prior to his capture.
Therefore, he is entitled to one bronze service star to be worn on his
Korean Service Medal.

8.  The applicant's statement that he was assigned to the 1st Battalion,
D Company, 32nd Regiment, 7th Division is corroborated by his most
significant assignment listed on his DD Form 214. Therefore, the applicant
would have been serving with the 32nd Infantry Regiment, 7th Infantry
Division prior to his capture during the period the unit was cited for
award of Republic of Korea Presidential Unit Citation.  Therefore the
applicant is entitled to Republic of Korea Presidential Unit Citation.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 October 1953, the date of his
separation. Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 12 October 1956.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TSK__  __JTM___  ___LF  __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing:

      a.  award of the Prisoner of War Medal;

      b.  award of the National Defense Service Medal;

      c.  award of the Korean Service Medal with one bronze service star;

      d.  award of the United Nations Service Medal;

      e.  award of the Republic of Korea Presidential Unit Citation; and

      f.  the following entry in Item 38 of the applicant's DD Form 214:
PRISONER OF WAR, D Company, 32nd Infantry Regiment, Korea,
2 December 1950 - 14 August 1953.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                       __Ted S. Kanamine __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008787                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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