BOARD DATE:	  February 25, 2010

		DOCKET NUMBER:  AR20090015790 


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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show three awards of the Purple Heart, the Army Good Conduct Medal, the Korean Service Medal with five bronze service stars, the United Nations Service Medal with nine bronze service stars, the Combat Infantryman Badge, the Presidential Unit Citation, and the Prisoner of War (POW) Medal.

2.  The applicant states, in effect, that he was wounded three times while a POW.  He contends that his DD Form 214 only shows the Army of Occupation Medal with Japan Clasp, but the DA Forms 1577 (Authorization for Issuance of Awards) show other awards.  He contends that he was a POW in Korea from 1 December 1950 until August 1953, that he was shot in the right knee and right shoulder before he was captured, and that he was wounded in the left leg (strafed by an American airplane) while in captivity.  He contends that he is entitled to a third award of the Purple Heart because he was a POW.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) and copies of his DD Form 214; The Adjutant General's Office (TAGO) Form 0657 (Authorization for Issuance of Awards), dated 17 November 1953; and a DA Form 1577, dated 5 January 1989, 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 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 enlisted in the Regular Army on 1 February 1950.  He served in Korea and was honorably discharged on 7 October 1953.

4.  Item 4 (Component and Branch or Class) of the applicant's DD Form 214 shows the entry "RA ARTY" [Regular Army Artillery].  Item 5 (Qualifications/
Specialty Number or Symbol) shows the entry "NA" [not applicable].  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal with Japan Clasp as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "NONE."  Item 28 (Most Significant Duty Assignment) shows the entry "(4844) B BTRY 57TH FA BN" [Battery B, 57th Field Artillery Battalion].

5.  The applicant's inclusive dates of service in Korea are not available.

6.  There are no orders for the Purple Heart or the Combat Infantryman Badge in the available records.

7.  There is no evidence in the available record which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.  There is also no evidence of record which shows he was wounded while held as a POW or while being taken captive.

8.  The Repatriated Korean Conflict Prisoner of War Roster shows the applicant was captured on 3 December 1950 and released on 14 August 1953.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II and the Korean War.  This document shows the 57th Field Artillery Battalion was cited for award of the Navy Presidential Unit Citation for the period 27 November 1950 to 11 December 1950 based on Department of the Army General Orders Number 86, dated 1953.

10.  The applicant provided a TAGO Form 0657, dated 17 November 1953, which shows he was authorized the issuance of the Army Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with two bronze service stars, and the United Nations Service Medal.  He also provided a DA Form 1577, dated 5 January 1989, which shows he was authorized the issuance of the POW Medal.

11.  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.  The regulation states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12.  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 held as a POW or while being taken captive in the same manner as a former POW 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.

13.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, 1 year served entirely during the period 7 December 1941 to 2 March 1946 for first award only, and upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year for the first award only.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 will not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.

16.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.  Bronze service stars are not worn on the United Nations Service Medal.

17.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

18.  Army Regulation 600-8-22 states the Presidential Unit Citation [known as the Distinguished Unit Citation until 3 November 1966] is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

19.  Army Regulation 600-8-22 states 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 after 5 April 1917.  

20.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

21.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was wounded three times while a POW, there is no evidence of record which shows he was wounded while held as a POW or while being taken captive.  There is also no evidence of record which shows that he was wounded as a result of hostile action in Korea.  Therefore, regrettably, there is insufficient evidence on which to base any award of the Purple Heart.

2.  The DA Form 1577 provided by the applicant which shows he was issued the Army Good Conduct Medal in 1953 is accepted as sufficient evidence on which to amend his DD Form 214 to show this medal.

3.  The applicant's contention that he is entitled to the Korean Service Medal with five bronze stars was noted.  However, his inclusive dates of service in Korea are not available.  Since his DD Form 214 shows he served 3 years and 19 days of foreign service and he was a POW in Korea, he is entitled to at least one bronze service star to be affixed to the Korean Service Medal.

4.  The applicant's request for award of the United Nations Service Medal with nine bronze service stars was noted.  However, since bronze service stars are not worn on the United Nations Service Medal, there is no basis for granting the applicant's request.

5.  Based on award of the Korean Service Medal, the applicant is eligible for award of the United Nations Service Medal.

6.  There are no orders for the Combat Infantryman Badge in the available records.  There is no evidence of record which shows the applicant held an infantry military occupational specialty and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Korea.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge.

7.  Since the evidence of record shows the applicant was captured in Korea on 3 December 1950, it is reasonable to presume that he was in Korea during the period 27 November 1950 to 11 December 1950 for which the 57th Field Artillery Battalion was cited for award of the Navy Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit citation.

8.  The evidence of record shows the applicant was a POW in Korea and he was issued the POW Medal in 1989.  Therefore, his DD Form 214 should be corrected to show this medal.

9.  The applicant served a period of qualifying service for the National Defense Service Medal and the ROKWSM.  Therefore, his DD Form 214 should be corrected to show these medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  ___x__  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 adding the Good Conduct Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, the POW Medal, the Navy Presidential Unit Citation, the National Defense Service Medal, and the ROKWSM 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 amending his DD Form 214 to show three awards of the Purple Heart, four additional awards of the bronze service star to be affixed to the Korean Service Medal, nine awards of the bronze service star to be affixed to the United Nations Service Medal, or the Combat Infantryman Badge.




      ___________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)                                         AR20090015790



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ABCMR Record of Proceedings (cont)                                         AR20090015790



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