IN THE CASE OF:	 

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017500 


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 that the military records of her deceased husband, a former service member (FSM), be corrected to show he was a prisoner of war and awarded the Prisoner of War Medal.

2.  The applicant states the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Prisoner of War Medal or that he was a prisoner of war.

3.  The applicant provides copies of the FSM's death certificate, a General Services Administration (GSA) Form 6903 (Referral - VA [Department of Veterans Affairs]), and the FSM's DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.  

2.  The FSM enlisted in the Regular Army on 9 May 1950 for a period of 3 years. 

3.  The FSM's units of assignment and the exact dates of his assignments were not available for review; therefore, the exact date he arrived in Korea is not known.
4.  A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the FSM's unit as the 7th Regiment and he was admitted to the hospital on 21 August 1953 for malnutrition and a follow-up examination of other healed pulmonary tuberculosis not known to have been active.  The files also show he was not evacuated to the U.S. and he was a former prisoner of the enemy.

5.  A letter from the National Archives and Records Service, Washington DC that was written to the National Personnel Records Center, St. Louis, MO, dated 
15 June 1979, states the FSM was captured on 15 December 1950 by the North Koreans, confined in Camp I, Ch'ang-Song, and returned to military control on 
2 September 1953.  His unit is shown as the 3rd Infantry Division.

6.  The National Archives Repatriated Korean Conflict Prisoner Data File, lists the FSM as having been captured on 15 December 1950 and released on 21 August 1953.  

7.  On 26 October 1953, the FSM was discharged.  He had completed 3 years, 5 months, and 18 days of active service that was characterized as honorable.  The FSM's DD Form 214 shows:

	a.  He was awarded or authorized the Army Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.

	b.  His most significant unit assignment was Company G, 7th Infantry Regiment (3rd Infantry Division).

	c.  He served 2 years and 11 months of foreign and/or sea service.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Prisoner of War Medal.  This regulation 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.

9.  Army Regulation 635-5 (Separation Documents) states for a Soldier with prisoner of war documentation, the entry "PRISONER OF WAR, unit of assignment/country, date of capture and release date" will be entered in the “Remarks” section of the discharge document.


10.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  This regulation states that the Korean Service Medal is awarded for qualifying service 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 between 27 June 1950 and 27 July 1954.
  
	a.  Qualifying service is defined as being on permanent assignment, on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy under condition other than those previously mentioned provided a combat decoration has been awarded or an individual certificate by the command of an independent force or of a division ship, or air group, or comparable or higher unit, testifying to such combat credit.

	b.  One bronze service star is authorized for each campaign an individual participates in.  Prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.

   c.  a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Korean Service Medal.  

11.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense (Force Management Policy) on 20 August 1999 for acceptance and wear by veterans of the Korean War.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served in Korea and adjacent waters between 25 June 1950 and 27 July 1953 while on permanent assignment; or while on temporary duty for 
30 consecutive days, or for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto; or while as a crew member of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM is entitled to the Prisoner of War Medal.

2.  The SGO Files show the FSM was admitted to the hospital on 21 August 1953 and he was a former prisoner of the enemy.  The National Archives Repatriated Korean Conflict Prisoner Data File shows the FSM was captured on 15 December 1950 and released on 21 August 1953 in Korea.  Therefore, he is entitled to the Prisoner of War Medal.
3.  The entry "PRISONER OF WAR, 7th Regiment/North Korea, 15 December 1950 - 21 August 1953" should be entered in item 38 (Remarks) of his 
DD Form 214.

4.  The exact dates of the FSM's Korean service are unknown; therefore, it is unknown how many campaigns he participated in.  However, he must have participated in at least one campaign to earn the Korean Service Medal.  Therefore, he is authorized one bronze service star to be worn on his Korean Service Medal.

5.  Based on the FSM's award of the Korean Service Medal, he met the service requirements for award of the Republic of Korea War Service Medal.  Therefore, the FSM is authorized the Republic of Korea War Service Medal.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Prisoner of War Medal.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 with an effective date of 26 October 1953 to add the:

* Prisoner of War Medal
* Korean Service Medal with one bronze service star
* Republic of Korea War Service Medal



3.  The Board also recommends that the entry "PRISONER OF WAR, 
7th Regiment/North Korea, 15 December 1950 - 21 August 1953" be included in 
item 38 of the FSM's DD Form 214 with an effective date of separation of 
26 October 1953.



      _______ _   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)                                         AR20090017500



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ABCMR Record of Proceedings (cont)                                         AR20090017500



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