RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070000543 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart, Combat Infantryman Badge and the Prisoner of War Medal.

2.  The applicant states, in effect, that while serving in the Republic of Korea he was wounded in action at Chilan, North Korea, and taken as a prisoner of war. 

3.  The applicant provides copies of his DD Form 214, hospital admission card, a memorandum from the Awards Branch, Human Resources Command, and his Department of Veterans Affairs identification card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 August 1954, the date of his honorable discharge.  The application submitted in this case is dated 5 January 2007.

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.  On 31 March 1948, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 1745 (Light Weapons Infantryman).  He also completed the Basic Airborne Course in August 1948.

4.  On 18 December 1951, the applicant was assigned for duty as an infantryman with Company F, 187th Airborne Regimental Combat Team, in the Republic of Korea.

5.  On 17 September 1952, in a sworn statement, a Soldier of the Medical Company, 187th Airborne Regimental Combat Team, stated that the applicant was a fellow member of a seven-man patrol.  They came into contact with an enemy patrol and engaged in a fire fight.  The applicant was wounded by an enemy grenade and taken prisoner by the enemy.
6.  On 29 August 1953, the applicant was returned to military control.  A medical record shows that he had been a prisoner of war from 31 August 1952 to 
29 August 1953; that he was malnourished; that he suffered from a cold; that he suffered from dental caries; and that he suffered from wounds to his thorax and lumbar area due to enemy action.

7.  On 8 January 1954, the applicant was returned to the United States and assigned to Fort Ord, California.

8.  On 8 August 1954, the applicant was honorably discharged.  He had attained the rank of corporal, pay grade E4 and had completed 6 years and 18 days of creditable active duty.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, United Nations Service Medal, Korean Service Medal with one bronze service star, Army of Occupation Medal with Japan Clasp, the Parachutist Badge, and the Glider Badge.  It does not show award of the Purple Heart, Combat Infantryman Badge or the Prisoner of War Medal. 

10.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows that he received grenade fragments to his lower back on 31 August 1952.  There is no available evidence showing that the Purple Heart was awarded for this wound.

11.  On 1 October 1954, The Adjutant General, United States Army, informed the Commander, 1st Field Artillery Battalion, Fort Ord, California, that the applicant’s records showed he was entitled to award of the Combat Infantryman Badge.  There is no evidence showing that orders were published awarding him this badge.

12.  On 17 July 2006, the Chief, Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, determined that the applicant was entitled to award of the Purple Heart, Combat Infantryman Badge, Prisoner of War Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, Army of Occupation Medal with Japan Clasp, Parachutist Badge, Glider Badge, and the Republic of Korea Presidential Unit Citation.  These awards were not issued because the applicant had not signed a privacy release.


13.  Army Regulation 600-8-22 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.  

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Korea  This publication shows that the 187th Airborne Regimental Combat Team, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Korea Presidential Unit Citation. 

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Korea War Service Medal to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows:
(1) While on permanent assignment; or (2) While on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 
30 consecutive days or 60 nonconsecutive days; or (3) While as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was wounded as a result of enemy action and received medical treatment.  Therefore, he should be awarded the Purple Heart. 

2.  The evidence clearly shows that the applicant was captured and held as a prisoner of war.  Therefore, he should be awarded the Prisoner of War Medal.

3.  The evidence clearly shows that the applicant was an infantryman assigned to an infantry unit of brigade, regimental or smaller size, and that he served in active ground combat.  Therefore, he should be awarded the Combat Infantryman Badge.

4.  The evidence clearly shows that the applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these foreign awards.

5.  Records show that the applicant’s unit was cited in general orders for award of the Republic of Korea Presidential Unit Citation. 

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 August 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
7 August 1957.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

_SVW__  __RTD__  ___DWT_    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 in action against the enemy on 31 August 1952;

b.  awarding him the Combat Infantryman Badge;

c.  awarding him the Prisoner of War Medal; and
d.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Prisoner of War Medal, Combat Infantryman Badge, Republic of Korea War Service Medal and the Republic of Korea Presidential Unit Citation. 




___     Sherri V. Ward _______
          CHAIRPERSON




INDEX

CASE ID
AR20070000543
SUFFIX

RECON
 
DATE BOARDED
20070621
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.