RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20050008098


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barabara Ellis                |     |Chairperson          |
|     |Mr. Larry Olson                   |     |Member               |
|     |Mr. Ronald Gant                   |     |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 time he spent as a prisoner
of war (POW) be added to his report of separation (DD Form 214).

2.  The applicant states, in effect, that the time he spent as a POW is not
reflected on his DD Form 214 and he desires it to be added.  He further
states that he was not interned in a camp because they were on the move all
of the time.  He also states that he was captured by Chinese and North
Koreans while retreating from the Chosin Reservoir and subsequently
escaped.  He continues by stating that he was gone from his unit for 4 to 5
months and his unit still thought he was present.

3.  The applicant provides a copy of his appeal from the Department of
Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 October 1952.  The application submitted in this case is
dated 24 May 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 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.

4.  The applicant enlisted in Greenville, South Carolina, on 10 August 1949
for a period of 3 years.  He completed his training and was awarded the
military occupational specialty of a light vehicle driver (4345).

5.  He was promoted to the rank of corporal on 7 June 1951 and he served
11 months and 20 days of foreign service.

6.  On 29 September 1952, he underwent a separation medical examination at
Fort Bragg, North Carolina.  The examination noted that the applicant had
pilonidal sinus, infected, and multiple skin openings over sacrococcygeal
area (buttocks).  The examining physician found him fit for duty and made
no mention of the applicant having been a POW.

7.  On 1 October 1952, he was honorably discharged at Fort Bragg.  He had
served 3 years, 1 month and 22 days of active service and was awarded the
Korean Service Medal with five bronze service stars and the Army Occupation
Medal.

8.  On 14 September 1999, the National Personnel Records Center in St.
Louis, Missouri, authorized the issuance of the Good Conduct Medal (GCMDL),
the National Defense Service Medal (NDSM), and the United Nations Service
Medal (UNSM) to the applicant.  However, there is no indication that those
awards were ever added to his DD Form 214.

8.  A review of the available records as well as the Korean War POW and
Casualty Listings failed to show that the applicant was ever reported as a
POW.

9.  In June 2000, the applicant appealed a rating decision by the
Department of Veterans Affairs (VA) which denied him service connection for
Post-Traumatic Stress Disorder (PTSD) and residuals of frozen feet.  He was
granted a hearing in November 2002 by teleconference.  The VA could not
establish sufficient proof that the applicant was a POW; however, it did
determine that the applicant had provided sufficient evidence to establish
service connection for PTSD.  The VA ruled that the issue of entitlement to
service connection for residuals of frozen feet would be discussed in a
later decision.

10.  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.

11.  Army Regulation 635-5 (Separations Document) 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.
12.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea during the period authorized for award of
the ROK-KWSM.  Therefore, he is entitled to be awarded that award at this
time.

2.  Additionally, he is entitled to have the awards of the GCMDL, the NDSM
and the UNSM added to his DD Form 214 as well.

3.  The applicant’s contention that he was a POW during the Korean War has
been noted.  However, he has failed to show through the evidence submitted
with his application and the evidence of record, sufficient evidence to
corroborate his contention.

4.  Therefore, absent evidence to establish his POW status some 50+ years
ago, there appears to be no basis to award him a POW Medal or to designate
him as a POW as he has requested.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1955.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____BE _  ___LO  __  ____RG_  DENY APPLICATION (W/NOTE)

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the ROK-KWSM and by showing that he was awarded
the GCMDL, the NDSM and the UNSM.





                                  ______Barbara Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008098                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060328                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19521001                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |REFRAD (CONV OF GOV’T)                  |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |309/POW                                 |
|1.130.0000              |                                        |
|2.107.0000              |46/DECORATIONS                          |
|3.110.0000              |189/CORR 214                            |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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