RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	21 August 2007  
	DOCKET NUMBER:  AR20070002212 


	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

Ms. Phyllis B. Mackey 

Analyst

The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine Moya

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 the POW (Prisoner of War) Medal.

2.  The applicant states that he was wounded in action in Korea near the 38th parallel on 14 June 1953.  He further states that he was captured on 15 June 1953 and liberated in September 1953.

3.  The applicant provides a copy of his DD Form 214, dated 13 January 1954; a copy of a citation awarding him the Bronze Star Medal, with “V” device, from Headquarters IX Corps, APO 264, US Army; and a letter from the Veterans Administration, dated 6 August 1954.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 January 1954.  The application submitted in this case is dated 
29 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.  While it appears the applicant did not file within the time frame provided in the statue of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

3.  The applicant’s DD Form 214 shows that he was commissioned in the United States Army on 25 May 1952, as a 2nd Lieutenant.  

4.  The applicant was honorably released from active duty on 13 January 1954 in the rank of 2nd Lieutenant.  The applicant was credited with 4 years, 9 months, and 11 days of net active service upon his released from active duty.  The applicant was credited with 5 months and 8 days of foreign and/or overseas service.  The applicant has prior service with the United States Marine Corps Reserve.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following awards:  the Combat Infantryman Badge; the Korean Service Medal, with one Bronze Service Star; the United Nations Service Medal; and the National Defense Service Medal.  Neither the Purple Heart nor the POW Medal is shown on the applicant's DD Form 214.   

6.  Headquarters IX Corps APO 264, US Army, awarded the applicant a citation for the Bronze Star Medal, with “V” device, for distinguishing himself by heroism and which also states that even though the applicant was injured and had received wounds in action against a hostile force, he continued with his mission.  This award is not shown on his DD Form 214.

7.  Item 26 (Foreign and or Sea Service), of the applicant’s DD Form 214, shows the applicant was assigned to foreign service for 5 months and 8 days, to include service in Korea.

8.  Item 28 (Most Significant Duty Assignment), of the applicant’s DD Form 214, shows his most significant assignment was with the Heavy Mortar Platoon.

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant’s DD Form 214 shows that the applicant received leg and foot injuries while serving in South Korea on 14 June 1953.  

10.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Evidence shows that the applicant was captured and was held captive as a POW from 14 June 1953 and was repatriated on 22 August 1953.

12.  AR 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.    
 
13.  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.  To be awarded the Purple Heart, substantiating evidence must be provided to verify the applicant was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of record.

2.  There is sufficient evidence on the applicant’s DD Form 214 and in the citation awarding him the Bronze Star Medal with “V” device, to show he sustained injuries to his leg and foot as a result of hostile fire.  Therefore, he is entitled to award of the Purple Heart and to have it added to his DD Form 214.   

3.  Evidence shows that the applicant was taken prisoner on 14 June 1953 and that he was repatriated on 22 August 1953.  Therefore, he is entitled to award of the Prisoner of War Medal and to have it added to his DD Form 214. 

4.  The evidence shows that the applicant met the requirements for award of the Republic of Korea - Korean War Service Medal.  He is therefore entitled to award of this medal and to have it added to his DD Form 214.  

BOARD VOTE:

__CM____  __DD___  __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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

	a.  awarding the applicant the Purple Heart, for wounds he sustained in action against a hostile enemy on 14 June 1953 and adding this award to his DD Form 214;

	b.  awarding the applicant the POW Medal and adding this award to his DD Form 214;

	c.  adding the already-awarded Bronze Star Medal with “V” device to his DD Form 214; and

d.   awarding the applicant the Republic of Korea-Korean War Service Medal and adding this award to his DD Form 214.




____Conrad V. Meyer____
          CHAIRPERSON




INDEX

CASE ID
AR20070002212
SUFFIX

RECON

DATE BOARDED
20070821
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015 PH
2.

3.

4.

5.

6.