RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050003851


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 the records of his late uncle,
a deceased former service member (FSM), be corrected to show all awards to
which he is entitled.

2.  The applicant states, in effect, that he was informed by the Military
Awards Branch, that the FSM is entitled to the following awards:

      a.  Korean Service Medal with four bronze service stars;
      b.  National Defense Service Medal;
      c.  Good Conduct Medal;
      d.  Prisoner of War Medal;
      e.  Republic of Korea Presidential Unit Citation; and
      f.  Republic of Korea War Service Medal.

3.  The applicant further states that the letter from the Military Awards
Branch did not mention the Purple Heart, which his uncle, is entitled to
receive.  The applicant continues that back in 1992, his aunt inquired
through her Congressman's office about the medals and after an
investigation, the Congressman was able to obtain all the medals cited
above, as well as, the Purple Heart.

4.  The applicant concluded that the FSM's name was engraved on the Purple
Heart and there was an official presentation of this award along with a
Gold Star presented to his aunt.

5.  The applicant provides a one-page continuation of the DD Form 149; a
copy of a letter from the Military Awards Branch, dated 7 May 2003; a copy
of DA Form 1577 (Authorization for Issuance of Awards), dated 15 December
1992; a copy of DA Form 1577, dated 6 May 1994; a copy of DA AGO Form 52-1
(Report of Death), dated 17 November 1953; a copy of a Special Power of
Attorney, dated 2 May 2003; a copy of Acknowledgment, dated 2 May 2003; a
one-page statement, dated 4 August 2003; four official copies of Certified
Transcript of Birth; and a nine-page letter, dated 24 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 November 1953, the date of the FSM's Report of Death.  The
application submitted in this case is dated 22 February 2005.

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 FSM’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 FSM’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.

4.  The FSM's service records contain a copy of two newspaper clippings
which essentially state that he enlisted in the Army on 25 July 1949 and
arrived in Korea on 5 July 1950.  The newspaper clippings further show the
FSM was one of 147 American prisoners who escaped from the Communists
during the Korean War.  The newspaper clippings also indicate that the FSM
was listed as missing in action in Korea on 13 February 1951 and died of
malnutrition during his escape.

5.  The FSM's service records contain a copy of a Returnee Report (Death of
an Individual in a Captured Status), dated 6 September 1953.  This report
shows the FSM was serving in the rank of private first class while assigned
to the A Battery of the 15th Field Artillery while he was captured in the
Hoeng Seong region sometime in February.  This report also shows that the
FSM's cause of death was "pneumonia" and the date of death "about 14 May
1951."

6.  The FSM's service records contain a copy of an Adjutant General Report
of Death Memorandum, dated 15 November 1953.  This memorandum shows the
FSM's cause of death was malnutrition and that he was determined as a non-
battle injury.  This form further shows that statements were taken from two
soldiers who were with the FSM at the time of his death.  This form showed
that the statements from the two soldiers provided conclusive evidence that
the FSM's death was a result of malnutrition while in North Korea.



7.  The FSM's service records contain a copy of DA AGO Form 52-1, dated
17 November 1953, which shows that the date of his death was 31 May 1951,
the cause of death was malnutrition, and that his death was classified as
non-battle.

8.  The applicant submitted a partial copy of DA Form 1577 (Authorization
for Issuance of Awards), dated 15 December 1992, which shows that the
following awards were to be issued to the FSM:

      a.  Good Conduct Medal;
      b.  National Defense Service Medal;
      c.  Korean Service Medal;
      d.  United Nations Service Medal; and
      e.  Purple Heart.

9.  The applicant submitted a partial copy of DA Form 1577, dated 6 May
1994, which shows that the Gold Star Lapel Button was issued.

10.  The applicant submitted a letter from the Military Awards Branch,
dated 7 May 2003, which stated that the Army's Awards and Decorations
Program verified that the FSM is entitled to the Korean Service Medal with
four bronze service stars, the National Defense Service Medal, the United
Nations Service Medal, the Good Conduct Medal, the Prisoner of War Medal,
the Republic of Korea Presidential Unit Citation, and the Republic of Korea
War Service Medal.  The letter continues that they reviewed the historical
awards records of the 15th Field Artillery Battalion and the 2d Infantry
Division and did not find any general orders awarding the FSM the Bronze
Star Medal.

11.  The applicant submitted a letter, dated 24 January 2005, addressed to
a Member of Congress requesting assistance in obtaining the following
awards for the FSM: the Bronze Star Medal, the Combat Infantryman Badge and
the Purple Heart.  The applicant states that "every Soldier killed in
combat since Korea has been awarded the Bronze Star.  Today, many receive
Bronze Stars for 'meritorious service' who have never been in actual
Theater of Battle."

12.  The applicant further stated that he spoke with witnesses that served
with his uncle and mentioned that his uncle conducted himself honorably as
a Soldier and as a prisoner of war.  The applicant contends that if his
uncle’s death had been in the field in traditional combat operations, he
would have been awarded the Bronze Star Medal.

13.  The applicant continues that according to an official account of his
uncle's war experience and his "award of the Korean Service Medal with 4
Bronze Stars", it should entitle him to award of the Combat Infantryman
Badge.

14.  The applicant further states that a report, dated 7 May 2003, did not
list the Purple Heart as one of the awards his uncle is entitled.  He
continues, however, in 1992, his aunt (the FSM's sister) made an inquiry to
a Member of Congress, who was able to obtain the medals cited in the
report, including the Purple Heart.

15.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, this 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.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Korean War.  This document shows that, at the time of the FSM’s
assignment to the 15th Field Artillery Battalion of the 2nd Infantry
Division it participated in the UN Defensive, the UN Offensive, the CCF
Intervention, the 1st UN Counteroffensive and the CCF Spring Offensive, a
total of five campaigns.

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, in each campaign listed
in Appendix B of this regulation or Department of the Army Pamphlet 672-1.
The regulation states that authorized bronze service stars will be worn on
the appropriate service medal.  A silver service star is authorized in lieu
of five bronze service stars.

18.  Army Regulation 600-8-22 provides 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,
inclusive.

19.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.


20.  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 awarded to individuals who
in past armed conflicts were taken prisoner or held captive.

21.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  This document shows that, at the time of the FSM's
assignment to the 15th Field Artillery Battalion, 2nd Infantry Division,
this unit was cited for award of the Republic of Korea Presidential Unit
Citation by Department of the Army General Order Number 35, dated 1951.

22.  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.

23.  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.

24.  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.



25.  Army Regulation 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.

26.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

27.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

28.  Review of the applicant's personnel records indicates that the FSM is
entitled to additional awards that are not shown in his records.

29.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant's assignment to the 15th Field Artillery Battalion, 2nd
Infantry Division, the unit was cited for award of the Distinguished Unit
Citation during the period 16 May 1951 through 22 May 1951 by Department of
the Army General Orders Number 72, dated 1951.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his late uncle, a FSM, died as a Prisoner
of War and is entitled to various awards including the Purple Heart.

2.  The submitted documentation provided sufficient evidence to show that
the FSM served in Korea inclusively from 5 July 1950 through 31 May 1951.
Therefore, the FSM is entitled to the awards of the Korean Service Medal,
the National Defense Service Medal and the United Nations Service Medal
based on his service during the Korean War from 5 July 1950 through 31 May
1951.

3.  Evidence of record shows the FSM should have been credited for five
campaigns during his service in the Korean War.  Therefore, the FSM is
entitled to correction of his records to show these campaigns and to affix
one silver service star to the Korean Service Medal.

4.  During the FSM’s assignment with the 15th Field Artillery Battalion,
2nd Infantry Division, the unit was cited for award of the Republic of
Korea Presidential Unit Citation and the Distinguished Unit Citation.
Therefore, the FSM is entitled to award of the Republic of Korea
Presidential Unit Citation and the Distinguished Unit Citation.

5.  The available reconstructed records do not have any derogatory
information and based on the presumption that if the FSM was not captured
and had not died prior to the expiration of service, he would have been
awarded the Good Conduct Medal.  Therefore, it would be in the interest of
equity to award the FSM the Good Conduct Medal.

6.  Evidence of record shows that the FSM was a prisoner of war during the
Korean War, therefore, he is entitled to the award of the Prisoner of War
Medal.

7.  Contrary to the applicant's contention, there is no corroborating
evidence or general orders available which awarded the FSM the Purple
Heart.  Evidence shows that the FSM's malnutrition was the cause of death
and was determined by military officials as a non-battle injury.  In the
absence of such evidence, there is insufficient basis for award of the
Purple Heart in this case.





8.  Evidence shows the FSM was assigned to an artillery battalion while
serving in Korea.  However, lacking any corroborating evidence which shows
he served in an infantry military occupational specialty and assigned or
attached to an infantry unit of brigade, regimental, or smaller size, he
does not meet the criteria for award of the Combat Infantryman Badge.
Therefore, there is insufficient basis for award of the Combat Infantryman
Badge in this case.

9.  Contrary to the applicant's contention regarding award of the Bronze
Star Medal to all Soldiers who died, the Bronze Star Medal is awarded for
meritorious achievement, meritorious service or heroism in action based on
a recommendation for award approved by the authorized award approving
authority and announced in General Orders.  It is not given to "every
Soldier killed in combat since Korea has been awarded the Bronze Star."
Therefore, there is insufficient basis to award the Bronze Star Medal in
this case.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 November 1953.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 November 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:

_LMD____  __MHM__  _SK___  GRANT FULL RELIEF

________  ________  ________  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 an appropriate document be
prepared to show that the individual concerned is awarded the Korean
Service Medal with one silver service star, the National Defense Service
Medal, the Good Conduct Medal, the Prisoner of War Medal, the Republic of
Korea Presidential Unit Citation, and the Distinguished Unit Citation.
2.  Contrary to the discussion and conclusions which recommended denial of
award of the Purple Heat, the Board determined that the evidence in this
case is sufficient as a basis for award of the Purple Heart.  As a result,
the Board recommends award of the Purple Heart.

3.  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 Combat Infantryman Badge and award of the Bronze Star Medal.




                                       __Stanley Kelley_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003851                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015/PH                             |
|2.  75                  |107.0029/POW                            |
|3.  102                 |107.0056/AGCM                           |
|4.  116                 |107.0070/KSM                            |
|5.  131                 |107.0085/UNSM                           |
|6.  138                 |107.0092/RKPUC                          |


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