BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016117 


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.  

2.  He states he was in the Korean War and he was captured as a prisoner of war (POW).  He further states he received wounds prior to his capture and he should have received the Purple Heart.  

3.  He provides the following documents:

* his Certification of Military Service, dated 22 October 2009
* his DD Form 214
* two WD AGO Forms 0365 (Battle Casualty Report), dated 4 January 1951 and 31 August 1953
* letters from The Adjutant General of the Army addressed to his mother
* his Standard Form (SF) 88 (Report of Medical Examination)
* a memorandum, Subject:  Roster on MIA [Missing in Action] Personnel, dated 19 October 1951
* a Memorandum for Record, Subject:  Review and Determination of Status Under the Missing Persons Act, dated 2 December 1951
* three pages of his DA Form 24 (Service Record) 
* a letter, Subject:  Authority to Issue Purple Heart Medal, from an assistant adjutant, U.S. Army Hospital, Fort Campbell, KY, dated 11 February 1954 to The Adjutant General


* a 1st endorsement reply from The Adjutant General, dated 25 February 1954
* two Korea casualty messages, dated 2 and 8 September 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 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's DD Form 214 shows he enlisted in the Regular Army on
20 February 1948.  He served in Korea and completed 3 years, 1 month, and
7 days of foreign service.  

4.  He was discharged on 22 March 1954.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show entitlement to the Purple Heart.  

5.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows "C Btry, 503rd FA Bn" [C Battery, 503rd Field Artillery Battalion]

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows he sustained a missile wound to his left forearm and scalp on 30 November 1950 in Korea.

7.  Section 8 (Wound Received through Enemy Action) of his DA Form 24 also shows he sustained a missile wound to his left forearm and scalp on 30 November 1950.  
8.  The WD AGO Form 0365 shows he was MIA on 1 December 1950 in Korea.  A subsequent WD AGO Form 0365 shows he returned to military control on
31 August 1953.  This form also shows he was assigned to Battery C, 503rd Field Artillery Battalion, 2nd Infantry Division.

9.  His name is listed on the Korean casualty roster and indicates he was MIA on 1 December 1950 and he was returned to military control on 31 August 1953.  The U.S. National Archives and Records Administration Database indicates he was captured and held as a POW on 1 December 1950 at Pyok-Dong Camp and he was released on 31 August 1953.

10.  His reconstructed record does not include orders awarding him the Purple Heart.  

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 medical personnel, and the medical treatment must have been made a matter of official record.

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

13.  The Government of the Republic of Korea issued the Korean War Service Medal (ROKWSM) 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 ROKWSM.  Effective 1 January 2006, the U.S. Army was authorized to award the ROKWSM to eligible U.S. Army veterans or their next of kin.  To qualify for award of the ROKWSM, 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.

14.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it states:

   a.  that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.
	b.  that for a Soldier with POW documentation, enter "Prisoner of War, (Unit ff Assignment/ Country) (Date of Capture and Release Date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s reconstructed record does not include orders which authorize him award of the Purple Heart.  However, his DD Form 214 and DA Form 24 confirm he sustained a missile wound to his left forearm and scalp on 30 November 1950 in Korea.  Therefore, this evidence is accepted as a sufficient basis to award him the Purple Heart and to correct his DD Form 214 to show this award.

2.  The evidence of record shows he was captured and held as a POW from 1 December 1950 to 31 August 1953.  Therefore, he is eligible for award of the POW Medal and correction of his DD Form 214 to show this award.

3.  He completed a period of honorable service from 20 February 1948 through 22 March 1954 and served in Korea during this period.  Therefore, he met the eligibility criteria for award of the ROKWSM.

4.  The applicant was a POW during a period of his honorable service.  Therefore, his DD Form 214 should be corrected accordingly.

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 30 November 1950;

	b.  adding to item 27 of his DD Form 214 the Purple Heart, Prisoner of War Medal, and the Republic of Korea War Service Medal; and

	c.  adding to item 30 of his DD Form 214 the entry "Prisoner of War,
Battery C, 503rd Field Artillery Battalion, 2nd Infantry Division, 1 December 1950 to 31 August 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)                                         AR20100016117



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ABCMR Record of Proceedings (cont)                                         AR20100016117



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