RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 September 2006
      DOCKET NUMBER:   AR20060003779


      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. Maria Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 that he be awarded the Purple Heart and that his
report of separation (DD Form 214) be corrected to reflect his time as a
Prisoner of War (POW).

2.  The applicant states, in effect, that he was wounded at the time he was
captured and should have been awarded the Purple Heart.  He also states
that he was a POW from 27 April 1951 until he was repatriated on 15 August
1953 and those dates should be reflected on his DD Form 214.

3.  The applicant provides a copy of his decision from the Foreign Claims
Settlement Commission of the United States, his disability retirement
orders, the proceedings of the Physical Evaluation Board (PEB) relating to
his medical retirement, his Department of Veterans Affairs (VA) Rating
Decision and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1954.  The application submitted in this case is dated
27 February 2006.

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 initially enlisted in the Regular Army on 6 August 1946
for a period of 2 years and served in Shemya, Alaska from 14 December 1946
until 2 December 1947.  He continued to serve until he was honorably
discharged in the pay grade of E-3 on 5 August 1948, on the expiration of
his term of service (ETS).  His report of separation (WD AGO Form 53) shows
he was awarded the World War II Victory Medal.  He had excellent conduct
and efficiency ratings throughout his service and his records are void of
any derogatory information.  He was enlisted in the Enlisted Reserve Corps
(now known as the United States Army Reserve) on 6 August 1948 for a period
of 3 years.

4.  He was ordered to active duty at Fort Lewis, Washington on 20 October
1950 and departed for Korea on 19 December 1950.  After a short layover in
Japan, he arrived in Korea on 12 January 1951 and was assigned to E
Company, 21st Infantry Regiment, 24th Infantry Division.  On 27 March 1951
he was awarded the Combat Infantryman Badge (CIB) and on 27 April 1951, he
was captured by the enemy along with other members of his unit and was
taken to Camp #1.  The initial casualty report indicates that he was
initially reported as missing in action on 27 April 1951 in the vicinity of
Uhyon-Ni, South Korea and that he was last seen when his company position
was overrun by enemy forces.

5.  His records indicate that while a POW on a work detail, the applicant
accidently injured his left eye when he was hit in the eye with a brush and
perforated the eye.  He was treated after an infection started with
penicillin and eye drops but the eye became progressively worse.  He
eventually lost the sight of that eye.

6.  On 13 June 1953, orders were published by Headquarters, United States
Army Forces, Far East that promoted the applicant to the rank of corporal
effective 1 May 1953.

7.  He was repatriated on 15 August 1953 and transported to the 11th
Evacuation Hospital.  A Field Medical Card (WD AGO Form 8-27) was prepared
at the time of his repatriation which indicates, in addition to his eye
injury, an interim diagnosis of wound, missile penetrating, left arm artery
and nerve involvement undetermined, due to enemy fire on 27 April 1951,
Chyon-ni; healed.  He was further transported to the 121st Evacuation
Hospital and was then transported to the United States Navy Hospital Ship
(USS Haven) for treatment.  He remained on the Haven and was transported to
the United States Naval Hospital, San Diego, California where he was
treated and fitted with a prosthesis (left eye).

8.  On 17 February 1954, a PEB was convened at Letterman Army Hospital, San
Francisco, California.  The applicant waived his right to appear before
that board and was represented by appointed counsel.  His counsel indicated
that the applicant did not desire to remain on active duty and that the
applicant desired his records to reflect that he had a scar on his left
breast which was combat incurred and he desired it to be made a matter of
record.

9.  The PEB determined that the applicant should be discharged by reason of
physical disability with a 40% disability rating for the loss of his left
eye.

10.  The appropriate authority approved the findings and recommendations of
the PEB and the applicant was honorably discharged on 31 March 1954 and was
transferred to the Permanent Disability Retired List (PDRL).  He had served
3 years, 5 months and 11 days of active service during his current tour and
was awarded the CIB, the United Nations Service Medal, the Korean Service
Medal with one silver and four bronze service stars and the National
Defense Service Medal.  His DD Form 214 makes no mention of any wounds
received as a result of enemy action nor does it reflect his status as a
POW.

11.  On 12 April 1954, the applicant wrote a letter to the Adjutant General
of the Army indicating that he had been taken prisoner in Korea and was
wounded in the left breast by shrapnel from a mortar round and seemingly
healed while he was prisoner.  He requested that the wound be entered on
his records and that he be awarded the Purple Heart for his wounds.

12.  On 30 April 1954, the Acting Adjutant General (a major general)
responded to the applicant’s letter indicating that no record could be
found to show that he was ever awarded the Purple Heart or that he was
wounded in action.  The applicant was informed that if he submitted a sworn
statement attesting to the date and circumstances surrounding his wound,
his request would be given further consideration.  There is no evidence in
the available records to show that the applicant ever complied with those
instructions.

13.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

14.  Section 521a of the National Defense Authorization Act of 1996,
authorized award of the Purple Heart to any former prisoner of war who was
wounded before 25 April 1962 while held as a prisoner of war or while being
taken captive, in the same manner as a former prisoner of war who was
wounded on or after that date.  Section 521b specifically stated that award
of the Purple Heart for prisoners of war under Section 521a shall be made
in accordance with the standards in effect on the date of the enactment of
this Act to persons wounded on or after 25 April 1962.

15.  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.

16.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after 27 August 1940, for first award only, 1 year served entirely
during the period 7 December 1941 to 2 March 1946 and, for the first award
only, upon termination of service on or after 27 June 1950 of less than 3
years but more than 1 year.  At the time, a Soldier's conduct and
efficiency ratings must have been rated as "excellent" for the entire
period of qualifying service and there must have been no convictions by
court-martial.

17.  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.

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he should be awarded the Purple Heart
for wounds received at the time of his capture in Korea and that the period
of his captivity should be reflected on his DD Form 214 appear to have
merit.

2.  Medical documents prepared at the time of his repatriation on 15 August
1953 clearly indicate that the applicant was wounded on the date of his
capture by enemy forces in Korea on 27 April 1951.  Accordingly, it would
be in the interest of justice to award him the Purple Heart at this time.

3.  Likewise, it would also be appropriate to annotate his DD Form 214 to
show that he was a POW in Korea from 27 April 1951 to 15 August 1953 and to
award him the POW Medal.
4.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 6 August 1946 through 5 August 1948.  This conclusion is based
on the fact that the record is void of derogatory information, which would
preclude the applicant from being awarded the GCMDL, and the lack of any
specific action by the applicant’s unit commander to disqualify him from
receiving the award.

5.  Additionally, the applicant is also entitled to be awarded the ROK-KWSM
for his service in Korea during the Korean War.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1954; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1957.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___MT __  __CD  __  ___EM __  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  awarding him the Purple Heart for wounds received as a result of
enemy action in Korea on 27 April 1951, while serving in the rank of
private first class.


      b.  awarding him the POW Medal and annotating his DD Form 214 to show
that he was a POW in Korea from 27 April 1951 to 15 August 1953;


      c.  awarding him the GCMDL for the period of 6 August 1946 to 5 August
1948, while serving in the rank of private first class; and


      d.  awarding him the ROK-KWSM for his service in Korea and adding all
of his awards to his DD Form 214.






                            ______ Maria Troup______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003779                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19480805                                |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |Physical Disability Retiremnt           |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/gcm                                 |
|3.130.0000              |309/pow                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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