RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060002096


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 an earlier request for award
of the Purple Heart.

2.  The applicant states, in effect, he sustained shell fragment wounds to
his right knee and left thigh during the Korean War.

3.  The applicant provides a Department of Veterans Affairs (DVA) Rating
Decision, dated 25 August 2005 and three newspaper articles.

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
AR20050003071, on 17 November 2005.

2.  The applicant provided a DVA Rating Decision which shows he filed a
claim for increased compensation for shell fragment wounds to his right
knee and left thigh and a new claim for Post Traumatic Stress Disorder.
This rating decision shows that service connection for a shell fragment
wound to the applicant’s right knee was continued at 30 percent and service
connection for a shell fragment wound to his left thigh was continued at 10
percent.

3.  The applicant provided three newspaper articles pertaining to his
release from captivity.

4.  The applicant’s submissions are new evidence which will be considered
by the Board.

5.  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.

6.  The applicant enlisted on 8 October 1952, served in Korea, and was
honorably discharged on 21 December 1955.  His DD Form 214 (Report of
Separation from the Armed Forces of the United States) does not show the
Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result
of Action with Enemy Forces) on this DD Form 214 shows the entry, "NONE.”
7.  There is no evidence in the available records which shows the applicant
was wounded or treated for wounds as a result of hostile action in Korea.

8.  The Korean War Casualty Roster shows the applicant was listed as a
casualty on 25 April 1953 and his casualty status was “Captured, returned
to military control.”

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

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence such as a medical examination taken immediately
after his return to military control, or debriefing interview
documentation, in the available records which shows the applicant was
wounded or injured as a result of hostile action in Korea.  In the absence
of orders or other evidence of record showing that the applicant was
injured or treated for wounds as a result of hostile action, the DVA Rating
Decision provided by the applicant is not sufficient as a basis for award
of the Purple Heart.  Regrettably, there is insufficient evidence on which
to base award of the Purple Heart in this case.

2.  Evidence of record shows the applicant was a prisoner of war;
therefore, he is entitled to award of the Prisoner of War Medal.

3.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  DD_____  _JH_____  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 AR20050003071, dated 17 November 2005.

2.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Prisoner of War Medal.




                                  __James Anderholm__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002096                           |
|SUFFIX                  |                                        |
|RECON                   |20051117                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0029                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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