RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20060016966 


	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.


Ms Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones II

Member

Mr. Qawiy A. Sabree

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 his records be corrected to show the award of the Purple Heart.

2.  The applicant states, in effect, that the award of the Purple Heart was never recorded on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and he never received orders for the award.  He states he had a bullet wound to his left knee and it is recorded in his records.  Also, he was a Prisoner of War (POW).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
7 October 1953.  The application submitted in this case is dated 29 November 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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The primary military personnel record available to this Board is the applicant's DD Form 214 submitted by the applicant.

4.  His DD Form 214 shows that he entered active duty on 23 March 1948.

5.  According to item 28 (Most Significant Duty Assignment) of his DD Form  
214, the last duty assignment was Battery B, 503rd Field Artillery Battalion.  He was honorably discharged on 7 October 1953, after serving a total of 5 years,  
6 months, and 15 days of active service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the award of the Korean Service Medal with 3 Bronze Service Stars and the United Nations Service Medal.  However, it does not show the Purple Heart.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "Bullet Wound Left Knee."

8.  A review of the Republic of Korea Casualty Roster shows the applicant's name was listed among those wounded.  The applicant's entry contains the code "LN" and "RMC" which indicates that he was wounded in North Korea Sector and missing in action.

9.  A review of the Korean War Data File of American Prisoners of War,  
7/5/1950 – 10/6/1954 shows that the applicant was captured on 1 December 1950 and released on 8 August 1953.

10.  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.

11.  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 authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Prisoner of War Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.

13.  Army Regulation 635-5 (Separation Documents), currently in effect, establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the entry "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date" will be entered in the “Remarks” section of the discharge document.
14.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.

15.  Army Regulation 600-8-22 as amended provides 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.

16.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and  
27 July 1954.

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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart.

2.  In item 29 of the applicant's DD Form 214, it shows that the applicant was wounded as a result of a bullet wound to his left knee.  The applicant's name was listed among those wounded on the Republic of Korea Casualty Roster.  Therefore, the applicant is entitled to corrections of records to show the award of the Purple Heart as a result of a bullet wound to his left knee.

3.  The evidence shows that the applicant was a prisoner of war for 2 years, 
8 months, and 8 days.  Therefore, he is entitled to award of the Prisoner of War Medal. 

4.  The Board further recommends that the entry "PRISONER OF WAR, 
503rd Field Artillery Battalion/Ch'ang-Song, 1 December 1950 – 8 August 1953" be entered in the remarks section on the applicant's DD Form 214.
5.  Records show that the applicant served honorable on active duty between the period 27 July 1950 through 27 July 1954.  Therefore, he is entitled to correction of his records to show the award of the National Defense Service Medal.

6.  Based on the applicant’s award of the ROK-KWSM, he met the service requirements for award of the ROK-KWSM.  Therefore, the applicant is entitled to correction to his records to show the award of the ROK-KWSM.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 October 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
6 October 1956.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___bje___  ____fcj__  ___qas__  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 to show:

      a.  the award of the Purple Heart, Prisoner of War Medal, National Defense Service Medal, the ROK-KWSM; and

      b.  in the remarks section of the DD Form 214 "PRISONER OF WAR, 
503rd Field Artillery Battalion/Ch'ang-Song, 1 December 1950 – 8 August 1953."




__________Barbara J. Ellis________
          CHAIRPERSON




INDEX

CASE ID
AR20060016966
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070619
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.