IN THE CASE OF:	

		BOARD DATE:	16 July 2009    

		DOCKET NUMBER:  AR20090004533 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Prisoner of War Medal and any other medals authorized.

2.  The applicant does not provide a statement in support of his application.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 24 October 1953, an undated newspaper clipping, and a letter from the mayor of New York City dated 21 October 1953.

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 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 to conduct a fair and impartial review of this case.  

3.  The document used in the preparation of this case is the applicant's copy of his DD Form 214 with a separation date of 24 October 1953.  The DD Form 214 is a very poor quality copy with some information undecipherable. 

4.  The applicant's DD Form 214 shows that he enlisted in the Regular Army for a 3-year period on an unknown day in December 1949.  His home of record was New York City, New York.  He completed basic combat and advanced individual training and was awarded an infantry military occupational specialty.   

5.  The applicant's complete unit of assignment history is not available for the Board to review.

6.  A search of the electronic prisoner of war files for the Korean War at the U.S. National Archives & Records Administration shows that the applicant was a prisoner of war from 25 November 1950 to 8 August 1953. 

7.  The Korean Casualty File shows that the applicant was captured in the North Korea Sector on 25 November 1950 and returned to U.S. Army Forces military control on 8 August 1953.  This same report also shows that he received medical treatment for an unspecified reason on an unknown date and that he was returned to duty on 17 September 1950.

8.  On 24 October 1953, the applicant was honorably discharged.  Records show he completed 4 years, 10 months, and 23 days of net service completed for pay purposes with 3 years, 2 months, and 29 days of Foreign Service credit.

9.  The DD Form 214 he was issued shows in item 38 (Remarks) the entry retained in service 236 days at the convenience of the government (POW  Korea).  

10.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Purple Heart Medal that is faintly legible.  The awards he received included the Korean Service Medal, United Nations Service Medal and the Combat Infantryman Badge.  One award is not decipherable due to the poor quality of the DD Form 214.
11.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows two entries with the first barely decipherable with a date of 25 in the year 1950.  However, the month is not decipherable.  The second entry shows the date 11 September 1950.  The location of the wounds received is not decipherable.  

12.  The applicant submitted a letter from the mayor of New York City, dated 21 October 1953, that congratulated the applicant for his service to his Nation, welcomed him back to New York City, and informed him that the City of New York operated a Veterans Service Bureau should he need assistance returning to civilian life.  The second piece of evidence the applicant included in his application was a newspaper article that stated the applicant was released from captivity during Operation Big Switch. 

13.  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.  A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

14.  Section 521a of the National Defense Authorization Act of 1996, authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while being held as a prisoner of war or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for prisoners of war under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

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.  The Government of the Republic of Korea issued the Republic of Korea 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. 

18.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Prisoner of War Medal and any other medals for his service in the Korean War. 

2.  The evidence of record shows that the applicant was a prisoner of war from 25 November 1950 to 8 August 1953 in the North Korea Sector.  Therefore, he is entitled to award of the Prisoner of War Medal.

3.  The evidence of record shows that the applicant was wounded and received medical treatment for his wounds on 11 September 1950 and that he was returned to duty on 17 September 1950.  Hence, his DD Form 214 accurately shows one award of the Purple Heart. 

4.  The applicant was captured on or about 25 November 1950.  The applicant's DD Form 214 shows that he was wounded in action on the day 25 in the year 1950 with the month undecipherable.  Therefore, it is presumed that the month was November as both the U.S. National Archives & Records Administration and the Korean Casualty File show his casualty status as a prisoner of war on 25 November 1950.  Therefore, he is entitled to have an Oak Leaf Cluster affixed to his previously-awarded Purple Heart Medal.

5.  The applicant's complete unit of assignment history is not available for the board's review.  Therefore, unit awards cannot be awarded.

6.  Based on the applicant's service and his period of captivity as a prisoner of war, the applicant is entitled to award of the Republic of Korea War Service Medal (ROK-KWSM) for his extended period of service in the Republic of Korea from 25 June 1950 to 27 July 1953.


BOARD VOTE:

____x____  ____x____  ____x____  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 amending the applicant's DD Form 214 with a separation date of 24 October 1953 to:

	a.  show award of the Purple Heart with first Oak Leaf Cluster for wounds incurred on 25 November 1950 in lieu of the Purple Heart now shown, the Prisoner of War Medal, and the Republic of Korea War Service Medal; and

	b.  add "Prisoner of War, 25 November 1950 -- 8 August 1953, North Korean Sector" in the Remarks Section of his DD Form 214.  




      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090004533



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ABCMR Record of Proceedings (cont)                                         AR20090004533



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