RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      20 July 2006
      DOCKET NUMBER:  AR20050016019


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William F. Crain              |     |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 reconsideration of his request that he be
awarded the Prisoner of War Medal and that it be added to his DD Form 214,
Report of Separation from the Armed Forces of the United States.

2.  The applicant states, in effect, he was captured near the 38th
Parallel, near Chun Chon, before going to services and was taken by truck
to Wonson, North Korea, surrounded by cemeteries.  The duties he performed
at the camp were to clean out the animal stalls daily and help with burial
rites.

3.  In support of his request for reconsideration, the applicant provides a
copy of Special Orders Number 79, Headquarters, 809th Engineer Aviation
Battalion, dated 27 March 1953.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR), in Docket Number
AR20050002782, on 4 October 2005.

2.  The applicant's new argument and the special orders submitted by the
applicant have not previously been considered by the Board and are
considered new evidence.  The orders and the new argument must be
considered by the Board.

3.  In his earlier application to the Board, the applicant stated, "I was
stationed in Chun Chon, South Korea in 1951 with the 809th Engineer
Aviation Battalion.  In April 1953, after being discharged from the Tokyo
Army Hospital, myself and five other guys were on our way to religious
services near the 38th Parallel.  We lost our way and were captured by a
contingent of North Korean soldiers.  We were sent to a POW (prisoner of
war) camp in Wonson, North Korea."

4.  In his present application to the Board, the applicant restates his
contention by saying he was captured near the 38th Parallel before going to
services and was taken by truck to Wonson, North Korea.
5.  The applicant provides a copy of special orders, Special Orders Number
79, published by the 809th Engineer Aviation Battalion, on 27 March 1953,
which allowed him and three other Soldiers to proceed from their unit to
the 45th Infantry Division (Rear) for 5 days, for the purpose of attending
Jewish Passover Festival.  The group was authorized to proceed on 29 March
1953.

6.  A search of all morning reports for the period 1 March through 30 April
1953 was requested of the National Personnel Records Center, St. Louis,
Missouri, for any evidence the applicant was captured by the enemy during
the Korean War.

7.  Four morning reports for the unit specifically naming the applicant
were found.

      a.  On 7 March 1953, the applicant and nine other enlisted men,
assigned as permanent party, were placed on temporary duty (TDY) for 7 days
and return to Tachikawa Air Force Base (AFB), Japan, in accordance with
Special Orders 51, paragraph 3, published by the 809th Engineer Aviation
Battalion.

      b.  On 25 March 1953, an entry in the morning report was made
showing the applicant returned from 26 days TDY, effective 23 March 1953,
from Tachikawa AFB.  While in Japan, the applicant had become ill and did
not return after the originally scheduled 7 days TDY.  A duty status
change report was attached to the morning report; however, this report is
not available to the Board.

      c.  On 29 March 1953, an entry was made in the unit's morning report
showing the applicant and three other Soldiers were placed on TDY at the
45th Infantry Division (Rear) for approximately 5 days in accordance with
Special Orders Number 79, published by the 809th Engineer Aviation
Battalion, which the applicant provided in support of his request.

      d.  A morning report entry was made, on page two of two pages, of a
morning report whose date is not legible.  The applicant and the three
other Soldiers who were allowed to proceed TDY to the 45th Infantry
Division (Rear) to participate in the Jewish Passover Festival returned to
the unit after 4 days.

8.  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.  The Department of Defense approved acceptance and wear of the
Korean War Service Medal.  To qualify for award of the Korean War Service
Medal, 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 new evidence provided by the applicant is insufficient and does not
provide a foundation upon which to base award of the Prisoner of War Medal
to him.

2.  The applicant's contention that he was captured by the enemy before
going to services to celebrate the Jewish Passover Festival is not
supported by morning report entries.

3.  Morning report entries show the applicant and other Soldiers were
ordered to go TDY to Tachikawa AFB, Japan, for 7 days beginning on 7 March
1953.

4.  It is believed the other Soldiers returned to Korea and to their unit
after completing their TDY mission; however, from the entry made in the
morning report for 25 March 1953, it is apparent the applicant became ill
and did not return to his unit until 23 March.

5.  The applicant and three other Soldiers departed from their unit to
attend the Jewish Passover Festival on 29 March 1953 and returned to their
unit four days later.  There is no indication in morning reports that they
were captured.  There is no indication in the morning reports the applicant
was a prisoner of war for the alleged 35 days.

6.  The morning report search that was conducted for the period 1 March
1953 through 30 April 1953 failed to reveal any evidence the applicant was
a prisoner of war and therefore, he is not entitled to award of the
Prisoner of War Medal and to have it added to his DD Form 214.

7.  The evidence does show the applicant served in Korea during the
qualifying period for award of the Korean War Service Medal.  He is
therefore entitled to this award and to have it added to his DD Form 214.
8.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___T____  __WDP__  __WFC_   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of
the ABCMR set forth in Docket Number AR20050002782 dated 4 October 2005.

2.  In the processing of this case, 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 record of the individual concerned to show he was awarded the
Korean War Service Medal.





                                  _____William D. Powers_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050016019                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   75                 |107.0029                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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