IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090009384
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 Purple Heart and the Prisoner of War (POW) Medal.
2. The applicant states, in effect, that his injury (mortar fragments left ear) on
17 May 1951 in Korea is listed in item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 (Report of Separation from the Armed Forces of the United States). He also contends that he was wounded before he was captured by the North Korean forces.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 enlisted in the Regular Army on 16 October 1950 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 17 December 1953.
4. The applicant's DD Form 214 shows the Combat Infantryman Badge, the National Defense Service Medal, the Korean Service Medal with seven bronze service stars, and the United Nations Service Medal as authorized awards. Item 29 on his DD Form 214 shows the entry, "Mortar Fragments Left Ear 17 May 51 Korea."
5. There are no orders for the Purple Heart in the available records.
6. The Korean Casualty Roster shows the applicant was wounded on 18 May 1951.
7. The Repatriated Korean Conflict Prisoner of War Roster shows the applicant was captured on 18 May 1951 and released on 26 August 1953.
8. 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 by military personnel, and the medical treatment must have been made a matter of official record.
9. 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.
10. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal 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.
DISCUSSION AND CONCLUSIONS:
1. Although the Korean Casualty Roster shows the applicant was wounded on 18 May 1951, and item 29 on his DD Form 214 shows he was wounded on
17 May 1951, the applicant contends that he was wounded before his was captured by Korean forces. Evidence of record shows he was captured on
18 May 1951. Therefore, the entry in item 29 on the applicants DD Form 214 which shows he was wounded on 17 May 1951 in Korea is accepted as sufficient evidence on which award him the Purple Heart and to amend item
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Purple Heart.
2. The evidence of record shows the applicant was a POW in Korea from
18 May 1951 to 26 August 1953. Therefore, he is entitled to the POW Medal and correction of item 27 on his DD Form 214 to show this medal.
3. The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal. Therefore, item 27 on his DD Form 214 should be corrected to show this medal.
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:
a. awarding him the Purple Heart for wounds received in action on 17 May 1951 in Korea; the POW Medal, and the Republic of Korea War Service Medal; and
b. adding the Purple Heart, the POW Medal, and the Republic of Korea War Service Medal in item 27 on 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) AR20090009384
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009384
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027625
Application for correction of military records (with supporting documents provided, if any). It would appropriate to correct his DD Form 214 to show he was a POW from 18 May 1951 to 21 August 1953. 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 received on 18 May 1951 and the Prisoner of War Medal; b. adding to item 26 of his 1962 and 1966 DD Forms 214 the following...
ARMY | BCMR | CY2011 | 20110003258
The applicant, a niece and court-appointed administrator of the estate of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1964 to show award of the: * Purple Heart * Prisoner of War (POW) Medal * any and all medals to which he may be entitled 2. The evidence of record also shows the FSM was held as a POW in Korea from 23 April 1951 through 31 August 1953. ...
ARMY | BCMR | CY2010 | 20100016117
Application for correction of military records (with supporting documents provided, if any). Therefore, he is eligible for award of the POW Medal and correction of his DD Form 214 to show this award. 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 on 30 November 1950; b. adding to item 27 of his DD Form 214 the Purple Heart, Prisoner of War Medal, and the...
ARMY | BCMR | CY2003 | 2003088317C070403
Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Evidence of record shows the applicant served in two campaigns during his service in Korea.
ARMY | BCMR | CY2010 | 20100013322
The evidence of record shows he was awarded a posthumous Purple Heart after having been reported KIA. The evidence of record shows the applicant was captured on 3 December 1950 in Korea and he was released on 14 August 1953. 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 on 3 December 1950 and adding it to his DD Form 214; and b. adding to item 38 of his DD...
ARMY | BCMR | CY2002 | 2002077450C070215
The applicant's Service Record shows that he was a POW in Korea from 11 February 1951 to 30 August 1953. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. b. by amending his DD Form 214, with an effective date of 28 February 1954, to show he was awarded the Purple Heart, the POW Medal, two awards of the Republic of Korea...
ARMY | BCMR | CY2014 | 20140012503
Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM: (1) the Purple Heart for a wound sustained in action in North Korea on 7 June 1952; (2) the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2007 | 20070003977C071029
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. Based upon award of the Korean Service Medal, the applicant is authorized to wear the United Nations Service Medal. As a result, the Board recommends that the DD Form 214 of the individual concerned be amended by...
ARMY | BCMR | CY2004 | 20040008787C070208
Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The evidence shows that the applicant was a prisoner of war in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a. award of the Prisoner of War Medal; b. award of the National Defense Service Medal; c....
ARMY | BCMR | CY2006 | 20060003779C070205
The applicant requests that he be awarded the Purple Heart and that his report of separation (DD Form 214) be corrected to reflect his time as a Prisoner of War (POW). Medical documents prepared at the time of his repatriation on 15 August 1953 clearly indicate that the applicant was wounded on the date of his capture by enemy forces in Korea on 27 April 1951. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the...