RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	24 January 2008  
	DOCKET NUMBER:  AR20070012510 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald Lewy

Member

Mr. David 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, in effect, correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart due to being a POW (Prisoner of War) from 6 October 1951 to 21 November 1951.

2.  The applicant states, in effect, that he should be awarded the Purple Heart due to being a POW in Korea from 6 October 1951 to 21 November 1951. 

3.  The applicant provides no additional documentation in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.  His DD Form 214 shows that he entered active duty on 1 November 1949, with prior service in the United States Air Force.  He was trained in military occupational specialty (MOS), 3648, as a field radio repairman. 

3.  The applicant was promoted to sergeant on 30 July 1951.  He completed 1 year, 1 month, and 7 days of foreign service.  He continued to serve until he was released from active duty on 31 July 1952. 

4.  The applicant's DD Form 214 shows he was awarded the Korean Service Medal with three bronze service stars, and the Meritorious Unit Commendation.  His DD Form 214 does not show any additional awards.
5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of his DD Form 214, shows the entry "NONE." 

6.  The applicant’s name does not appear on the Korean War Casualty File. 

7.  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  

8.  There is no evidence in the available records that show the applicant was held a POW during the Korean War.  Information provided by the Army Human Resources Command (AHRC)-Alexandria, Repatriations Branch, revealed that the applicant's name does not appear on the Korean War POW List.

9.  Item 9 (Remarks-Administrative), of his WD AGO Form 24A (Service Record), shows that on 31 July 1952 he received "EXC" (Excellent) character and efficiency ratings and was favorably considered for the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

10.  The applicant reenlisted in the Regular Army on 1 August 1952 for 6 years.   He served until he was honorably discharged on 15 October 1958.  His DD Form 214 for this period of service is unavailable for review.

11.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 
The Purple Heart is not awarded to Soldiers who were taken captive and held as POWs.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW 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 applicant’s DD Form 214 shows he was awarded the Korean Service Medal with three bronze service stars.  The evidence shows the applicant 
participated in four campaigns of the Korean War and he is therefore entitled to award of a total of four bronze service stars to be affixed to his already-awarded Korean Service Medal.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign 
Participation Credit Register), dated 6 July 1961, shows that the applicant 
was assigned to a unit which was awarded the Republic of Korea Presidential 
Unit Citation, by Department of the Army General Orders Number 8, dated 1952.

15.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded 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;

	(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.

16.  Army Regulation 600-8-22 provides, in pertinent part, 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.

17.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that 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.

18.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This 
qualifying period is 3 years.  However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action during the period 6 October 1951 to 21 November 1951.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

2.  In addition, there is no evidence of record and the applicant has provided none, to show he was a POW during the period 6 October 1951 to 20 November 1951, while serving in Korea.  The applicant is advised that he Purple Heart is not awarded to Soldiers who have been taken captive and held a Prisoner of War.  Therefore, based on the evidence, there is an insufficient basis upon which to correct his records to show that he is entitled to award of either the Purple Heart or the POW Medal for his service in Korea.

3.  The applicant's DD Form 214 shows that he was awarded the Korean Service Medal with three bronze service stars.  While in Korea he participated in four campaigns; therefore, he is entitled to award of one additional bronze service star to be affixed to his already-awarded Korean Service Medal with three bronze service stars.

4.  The evidence of record shows that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214. 

6.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

7.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  Therefore, he is entitled to correction of his records to show this award.

8.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 1 November 1949 to 31 July 1952.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___GP__  ___DL  __  ___DT___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Korean Service Medal with four bronze service stars; the Republic of Korea Presidential Unit Citation; the Republic of Korea War Service Medal; the National Defense Service Medal; the United Nations Service Medal; and the Good Conduct Medal for the period 1 November 1949 to 31 July 1952; and adding these awards to his DD Form 214.

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 award of the Purple Heart and the POW Medal.




______Gerald J. Purcell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070012510
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080124
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19581015
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.