RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070003977


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 DD Form 214 (Report of Separation from
the Armed Forces of the United States) be amended to add his two Purple
Hearts, the Prisoner of War (POW) Medal, and the Bronze Star Medal.

2.  The applicant states that his DD Form 214 shows he was wounded twice.
He still has the Bronze Star Medal, but the paperwork was lost.  It was
awarded at Valley Forge Army Hospital or shortly [after he was released].

3.  The applicant provides his DD Form 214 and a letter, dated 27August
1992, from the Veterans Administration.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines 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 statute 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.

2.  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.

3.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of section 1130 of Title 10, U. S.
Code.  He has been notified by separate correspondence of the procedures
for applying for this decoration under section 1130 and, as a result, it
will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 7 September 1948.

5.  The applicant arrived in Korea on an unknown date.  His DD Form 214
shows he was wounded on 15 February 1951 and on 19 May 1951.  He is also
listed on the Korean War Casualty Roster twice.

6.  The applicant was captured on 19 May 1951 and was released from
captivity on 21 August 1953.

7.  The applicant was honorably discharged on 17 October 1953.  His DD Form
214 shows he was awarded the Parachute-Glider Badge, the Combat Infantryman
Badge, the National Defense Service Medal, the Army Good Conduct Medal, and
the Korean Service Medal.

8.  On 18 July 1988, the applicant was authorized issuance of the POW
Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 600-8-22 provides for award of the POW Medal to
Soldiers who were taken prisoner and held captive while engaged in an
action against an enemy of the United States.  It will only be awarded when
the individual’s POW status has been officially confirmed and recognized as
such by the Department of the Army.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
United Nations Service Medal.  The period of eligibility for the United
Nations Service Medal was between 27 June 1950 and 27 July 1954.  The
regulation provides that this service medal was awarded to members of the
Armed Forces of the United States dispatched to Korea or adjacent areas on
behalf of the United Nations.  Award of the Korean Service Medal
automatically establishes eligibility for award of the United Nations
Service Medal.

12.  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.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Korean Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant was wounded twice
while in Korea.  He does not ask for award of the Purple Heart, so
presumably he has already been awarded these awards, but he does request
that they be added to his DD Form 214.  They should be added to his DD Form
214.

2.  The evidence of record shows the applicant was a POW.  The POW Medal
should be added to his DD Form 214.

3.  The applicant was awarded the Korean Service Medal.  It cannot be
determined how many campaigns he participated in prior to his capture;
however, the available evidence shows he is eligible to wear one bronze
service star on his Korean Service Medal.

4.  Based upon award of the Korean Service Medal, the applicant is
authorized to wear the United Nations Service Medal.  This award should be
added to his DD Form 214.

5.  The Government of the Republic of Korea issued the ROK-KWSM to pay
tribute to eligible Korean War veterans.  This award should be added to the
applicant’s DD Form 214.

BOARD VOTE:

__tap___  __ena___  __pms___  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 the DD
Form 214 of the individual concerned be amended by adding the United
Nations Service Medal, the Republic of Korea - Korean War Service Medal,
the Prisoner of War Medal, and two awards of the Purple Heart and by
showing he is eligible to wear one bronze service star on his already-
awarded Korean Service Medal.




                            __Thomas A. Pagan____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003977                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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