RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        09 AUGUST 2005
      DOCKET NUMBER:  AR20040011284


      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:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Kenneth Wright                |     |Member               |
|     |Mr. Patrick McGann                |     |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 that his records be corrected to reflect award
of the Purple Heart, a Silver Star, two Bronze Star Medals, and the
Prisoner of War (POW) Medal.

2.  The applicant states orders were read for each of these medals “the
last of September 1952 just before being sent stateside.”  He states he was
told he would receive them on his discharge date, but never received any of
the medals when he was discharged.

3.  The applicant states that he was awarded the Silver Star in September
1951 when his unit was caught out in the open and was under siege by
artillery and mortar rounds.  He states that he crawled several feet to a
wounded Soldier and pulled him into a crater hole and did what he could for
the Soldier who had lost one leg.  He states that he received one of the
Bronze Star Medals for actions on “Hill 418” and the second when he
received the Presidential Unit Citation for “Hill 334.”

4.  He states that the last of July 1951, while on patrol, he and another
Soldier were taken prisoner and were held at a camp that was hit by an air
strike “around the first of September 1951.”  He states he and the other
Soldier were able to escape.  He states that his parents received two
telegrams and one letter.  The letter indicated that he was missing in
action, but also stated that they knew he was a prisoner and had not been
killed.  He notes that one of the telegrams informed his parents that he
had been wounded in action in November 1951.  He states that the telegrams
and letter have been lost and the Soldier who was taken prisoner with him
died several years ago.

5.  The applicant states that it is degrading for him to be asked to
provide evidence to support his request knowing that he “went through hell
at 19 and 20.” He states that he is “the only evidence there is.”

6.  The applicant provides two photographs, which he identifies as having
been taken of him in Korea in May and July 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 October 1952.  The application submitted in this case
was received in December 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 requested correction of his records to show award of the
Silver Star and two Bronze Star Medals.  There are no orders or other
evidence authorizing award of these decorations.  In the absence of a
proper award authority for these decorations, the applicant may request
award of the Silver Star and two Bronze Star Medals under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for
these decorations under Section 1130 and, as a result, they will not be
discussed further in the Record of Proceedings.

4.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

5.  The applicant’s separation document indicates that he entered active
duty on
4 May 1949 and served overseas for approximately 13 months where he was
awarded, among other things, the Korean Service Medal.  His separation
document and files maintained by the Office of The Surgeon General confirm
that he was wounded as a result of hostile action on 6 November 1951.
There is, however, no indication that he was awarded the Purple Heart.

6.  The applicant was honorably discharged on 9 October 1952.

7.  There is no indication on his separation document that he was a POW.
His separation physical examination also makes no mention of the applicant
having been a POW.  The photographs submitted with his application are of
Soldiers in a field environment, but do not confirm the applicant’s status
as a POW.


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

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954.  This award was
omitted from the applicant’s separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of
hostile action on 6 November 1951 and as such is entitled to an award of
the Purple Heart.

2.  The evidence also confirms that the applicant is entitled to the
National Defense Service Medal.  His record should be corrected
accordingly.

3.  Unfortunately, there is no evidence which confirms that the applicant
was a POW.  It would not have been possible for the applicant to be read
“orders” for this decoration in September 1952 considering that the award
was not established until 1985.  While the absence of evidence confirming
the applicant’s status as a POW makes it impossible to confirm his
entitlement to the POW Medal, the Board’s inability to confirm that
decoration in no way is meant to detract from the applicant’s service to
his country nor diminish the hardships he experienced during the Korean
War.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BE __  ___KW__  ___PM __  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by awarding him the Purple Heart; and


      b.  by showing that he is entitled to the National Defense Service
Medal.


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 POW Medal.




                            ______Barbara Ellis_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011284                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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