RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060010950 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Larry Racster

Member

Mr. Rodney Barber

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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart and the Prisoner of War (POW) Medal. 

2.  The applicant states that on 15 August 1950 during a battle in Korea he was bayoneted in the right forearm.  He contends that his company was overrun and he was held captive for three days until he escaped during an air raid and made it back to the U.S. lines.  He also states that the paperwork for his medals may not have been properly submitted because the medic who treated his wound and his company commander both died in the battle on 15 August 1950. 

3.  The applicant provides a Western Union telegram and his DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
2 May 1952.  The application submitted in this case is dated 25 July 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’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 on 19 August 1948.  He served as an infantryman in Korea and was honorably discharged on 2 May 1952.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Army of Occupation Medal with Japan Clasp, and the 
Republic of Korea Presidential Unit Citation as authorized awards.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, "NONE.”

6.  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.

7.  The Korean War Casualty Roster does not show the applicant was wounded in action.  

8.  There is no evidence in the available records which shows the applicant was a POW.

9.  The list of Korean War missing personnel prepared by the Defense Prisoner of War/Missing Personnel Office does not show the applicant’s name.  

10.  In support of his claim for award of the POW Medal, the applicant provided a Western Union telegram which states that he was reported missing in action on 16 August 1950 in Korea.

11.  The Korean War Casualty Roster shows the applicant was returned to military control on 16 August 1950.  

12.  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.  Paragraph 2-9i of this regulation states that personnel officially classified as missing in action are not eligible for award of the POW Medal.  The POW Medal will only be awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army.  Paragraph 2-9j(2) of this regulation states that all requests for award of the POW Medal for past armed conflicts will be initiated by former POW’s or their next of kin, using a personal letter.  The following documents, as applicable, should be submitted with POW Medal applications to assist in validating the award:  Army separation documents; casualty reports; messages/letters/telegrams sent home; unit journals; diaries; sworn eyewitness statements or affidavits; photos, ID Card, or other documents taken or obtained while in captivity; news clippings and other evidence in support of the request.  Applications or personal letters should be forwarded to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

15.  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.  There is no evidence in the available records that shows the applicant was wounded as a result of hostile action in Korea.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  Although the applicant contends that he was held captive for three days in Korea, there is no evidence of record which shows he was a POW.  The telegram he provided shows that he was missing in action and the Korean War Casualty Roster shows he returned to military control on 16 August 1960.  Regrettably, there is insufficient evidence on which to base award of the POW Medal in this case at this time.  The applicant may apply to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  
3.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.

4.  Records show the applicant should have discovered the alleged errors now under consideration on 2 May 1952; therefore, the time for the applicant to file a request for correction of any error expired on 1 May 1955.  Although the 
applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

5.  Evidence shows that the applicant’s records contain administrative errors which do 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

MP_____  __LR____  _RB____  DENY APPLICATION


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.  The Board determined that administrative errors 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 National Defense Service Medal and the ROK-KWSM. 




__Margaret Patterson__
          CHAIRPERSON




INDEX

CASE ID
AR20060010950
SUFFIX

RECON

DATE BOARDED
20070315
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0029
3.
107.0000
4.

5.

6.