IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009738
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and Prisoner of War (POW) Medal. He also requests that item 29 (Wounds Received as a Result of Action with Enemy Forces) be corrected to show he was wounded on 6 July 1953, not 10 July 1953.
2. The applicant states:
* item 29 of his DD Form 214 shows he was wounded on 10 July 1953, but his general orders for the Purple Heart show he was wounded in action on 6 July 1953
* he recently located letters he sent to his mother documenting his POW status from 6 July 1953 to 10 July 1953
3. The applicant provides:
* list of squad members' names of which he was squad leader
* records of his squad members from the U.S. National Archives and Records Administration from the Korean War Casualty File
* telegram to his parents, dated 13 July 1953
* letter to his mother, dated 14 July 1953
* orders for the Purple Heart
* two letters to his mother, dated 16 July 1953 and 24 July 1953
* DD Form 214
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 23 October 1951. He served as an infantryman in Korea and was honorably discharged on 26 October 1954.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Purple Heart or POW Medal as authorized awards. Item 29 of his DD Form 214 shows the entry "Central Korea 10 July 1953."
5. Headquarters, Tokyo Army Hospital, General Orders Number 70, dated 16 July 1953, show the applicant received the Purple Heart for wounds received in action on 6 July 1953 in Korea.
6. There are no orders for the POW Medal in the available records.
7. The applicant provided numerous records of squad members at the time in question from the U.S. National Archives and Records Administration Korean War Casualty File. These records show the Soldiers were captured, wounded in action, or missing in action on 6 and 7 July 1953.
8. The applicant's record from the U.S. National Archives and Records Administration Korean War Casualty File shows he was seriously wounded in action on 10 July 1953 in Korea. It does not show he was missing in action.
9. The applicant also provided two letters he sent to his mother, dated 16 July 1953 and 24 July 1953. In one letter he indicates he was wounded on 6 July 1953 and was held as a POW for a few days. In the second letter, he comments about a telegram his mother received regarding him being wounded and wonders why she was not sent a telegram about him being missing in action.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the POW Medal. This 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.
DISCUSSION AND CONCLUSIONS:
1. The orders which show the applicant was wounded in action on 6 July 1953 in Korea are accepted as sufficient evidence on which to amend item 27 of his DD Form 214 to show award of the Purple Heart and item 29 of his DD Form 214 to show he was wounded on 6 July 1953.
2. There is no evidence of record which shows the applicant was a POW. In the absence of orders for the POW Medal or other evidence showing the applicant was a POW, the letters provided by the applicant are not sufficient as a basis for award of the POW Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
a. adding the Purple Heart to item 27 of his DD Form 214 and
b. deleting the entry "10 July 1953" from item 29 of his DD Form 214 and replacing it with "6 July 1953."
2. The Board further determined 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 POW Medal.
___________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) AR20100009738
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ABCMR Record of Proceedings (cont) AR20100009738
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