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ARMY | BCMR | CY2005 | 20050011172C070206
Original file (20050011172C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 October 2005
      DOCKET NUMBER:  AR20050011172


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, the spouse of a deceased former service member (FSM) who
served in the Korean War, requests correction of her husband’s records to
show that he was a Prisoner of War (POW) during that conflict.

2.  The applicant states the FSM was captured during the Korean War and
that this is not reflected in his military records.

3.  The applicant provides copies of: the FSM’s DD Forms 214 (Report of
Separation from Active Duty), dated 14 March 1952 and 13 June 1955; the
FSM’s Certificates of Discharge; a letter from the Adjutant General of the
Army, with supporting documentation, to Senator John Warner; a Certificate
of Marriage; and, a Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  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 the FSM’s
records were lost or destroyed in that fire.  This case is being considered
using reconstructed records, which primarily consist of the documents
listed in paragraph 3, above and copies of information derived from the
hospital admission cards of the Office of The Surgeon General, commonly
referred to as the "SGO Files.”

2.  The available records show the FSM enlisted in the Regular Army on
14 January 1949.  He served in Korea, and later in Germany, the exact dates
of which are unavailable to the Board.  The FSM was honorably discharged
from the Army in the rank of sergeant first class on 13 June 1955, having
served a total of 6 years and 5 months on active duty.

3.  The FSM’s separation documents show he is entitled to the following
awards and decorations: the Combat Infantryman Badge; the Korean Service
Medal with one bronze service star; the Republic of Korea Presidential Unit
Citation; the Army of Occupation Medal with Germany Clasp; and, the
National Defense Service Medal.  No other awards or decorations are listed.

4.  In a letter to Senator John Warner of Virginia, The Adjutant General of
the Army advised that records of the Repatriation and Family Affairs
Division confirmed that the FSM was a member of G Company, 5th Cavalry, 1st
Cavalry Division, when he became missing in action and was later captured
during the Korean War.  The supporting documents provided by The Adjutant
General indicate the FSM was captured on or about 24 July 1950 and was
returned to military control on or about 20 August of that same year.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the POW Medal.  The regulation states that the POW Medal was
authorized on 8 November 1985 and is awarded to individuals who in past
armed conflicts were taken prisoner or held captive.  Past conflict in this
instance is defined as World War I, World War II, the Korean War, the
Vietnam War, and the Persian Gulf War.  Hostages of terrorists and persons
held by governments with which the United States is not engaged in armed
conflict are not eligible.

6.  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.

7.  SGO Files indicate the FSM incurred a penetrating missile wound to the
forearm in Korea on 4 September 1950 and that the wound was a “direct
result of action against or by an organized enemy.”

8.  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.

9.  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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record clearly establishes the fact that the FSM was
captured and held prisoner during the Korean War.  Therefore, he is
entitled to correction of his records to show award of the POW Medal.

2.  In addition, the FSM is entitled to correction of Item 38 (Remarks) of
his DD Form 214, dated 18 December 1953, to show “Prisoner of War, G
Company, 5th Cavalry, 1st Cavalry Division, Korea, 500724-500820”.

3.  Evidence of record shows the FSM was wounded in Korea on 4 September
1950, as a result of hostile action.  Therefore, he is entitled to the
Purple Heart and correction of his records to show this decoration.

4.  Evidence of record shows the FSM received the Korean Service Medal.
Therefore, he is entitled to award of the United Nations Service Medal, and
correction of his records to show this service medal.

BOARD VOTE:

___alr___  ___mhm_  ___lds___  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. showing award of the POW Medal;


      b. showing award of the Purple Heart for wounds sustained in combat,
in Korea, on 4 September 1950;


      c. showing award of the United Nations Service Medal; and,

      d. by correcting Item 38 of his DD Form 214, dated 14 March 1952, to
show “Prisoner of War, G Company, 5th Cavalry, 1st Cavalry Division, Korea,
500724-500820”.




            ________Melvin H. Meyer__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050011172                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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