RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060012738 


	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.


	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, in effect, that his status as a prisoner of war for over 26 months and that he was severely wounded be added to his DD Form 214 (Report of Separation From the Armed Forces of the United States).   

2.  The applicant essentially states that he was a prisoner of war in Korea for over 26 months and was severely wounded, but that his DD Form 214 does not state this.  He also states, in effect, that his Veterans Administration medical records reflect everything that he endured for over 2 years as a prisoner of war, which is why he is 100% disabled.

3.  The applicant provides a copy of his DD Form 214 and an undated letter from the Army Review Boards Agency Support Division, St. Louis, Missouri in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
18 August 1954, the date of his discharge from the Regular Army.  The application submitted in this case is dated 26 August 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 complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  

4.  The available records show that the applicant enlisted in the Regular Army on 16 August 1951 for a period of 3 years.  He served 1 year, 6 months and 
19 days of foreign and/or sea service, and was honorably discharged on 
18 August 1954.  The DD Form 214 that was issued to him at the time of his discharge shows that he was awarded the National Defense Service Medal, the Korean Service Medal with Four Bronze Service Stars, the United Nations Service Medal, and the Combat Infantryman Badge.

5.  The applicant’s DD Form 214 does not show that he was a prisoner of war, or that he was awarded the Prisoner of War Medal (This medal was created and authorized by Public Law 99-145, Section 1128, Title 10, United States Code on 
8 November 1985).  The applicant essentially stated that he was a prisoner of war for over 26 months.  However, information obtained from an alternate records source indicates that the applicant was only a prisoner of war from 
17 July 1952 to 29 August 1953.  His military records also contained a DA Form R-5696 (Medical Survey – Master Form – Repatriated American Prisoners of War) which shows that he spent 56 weeks in captivity.   

6.  The applicant essentially stated that he was severely wounded; however, item 28 (Wounds) of his FEC Form 303 (Report of Medical History in Captivity) clearly shows that the applicant had no wounds upon capture or while in captivity.  This document also shows that, in the applicant’s own words, that he felt “pretty good.”  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 also does not show that he sustained any wounds as a result of hostile action.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal with Four Bronze Service Stars, and that he served 1 year, 6 months, and 19 days of foreign and/or sea service.  Therefore, it is reasonable to presume that he served 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  This regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who, while serving in any capacity with the U.S. Armed Forces, were taken prisoner and held captive after 5 April 1917.

10.  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.  To qualify for this award, 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 applicant contends that his status as a prisoner of war for over 
26 months and that he was severely wounded should be added to his DD Form 214.

2.  While the Board does not doubt the veracity of the applicant’s claim that he was a prisoner of war for over 26 months, evidence of record shows that he was only a prisoner of war from 17 July 1952 to 29 August 1953.  Additionally, as the applicant only spent 1 year, 6 months, and 19 days overseas, it is not possible for him to have been a prisoner of war for over 26 months.  Therefore, he is only entitled to correction of his military records by correcting his DD Form 214 to reflect his status as a prisoner of war from 17 July 1952 to 29 August 1953.  He is also entitled to award of the Prisoner of War Medal, and correction of his military records to show the award of the Prisoner of War Medal.

3.  While the Board does not doubt the veracity of the applicant’s contention that he was severely wounded, there is no evidence in his military records to corroborate his contention.  Absent such evidence, there is no basis for granting relief to this portion of the applicant’s request. 

4.  As the applicant was awarded the Korean Service Medal with Four Bronze Service Stars, and served 1 year, 6 months, and 19 days of foreign and/or sea service, it is reasonable to presume that he spent at least 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea – Korean War Service Medal, and correction of his military records to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 August 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
17 August 1957.  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 partial relief being granted in this case.
 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JM___  __TR ___  __RN___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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.  correcting his DD Form 214 to show that he was a prisoner of war from 17 July 1952 to 29 August 1953; and

	b.  awarding him the Prisoner of War Medal and the Republic of Korea – Korean War Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

a.  showing that he was a prisoner of war for over 26 months; and

b.  showing that he was severely wounded.





______ John Meixell_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012738
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0000.0000 (add POW entry)
2.
107.0029.0000
3.
107.0015.0000
4.
107.0142.0000
5.
110.0400.0000
6.