IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100020009 


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 award of the Purple Heart.

2.  The applicant states he was a prisoner of war (POW) in Korea for 32 months and he was stabbed in the neck during captivity.  He later had surgery removing poison and "fingers that had grown."  He also suffered frostbite.

3.  The applicant provides a copy of the following documents:

* Standard Form (SF) 180 (Request Pertaining to Military Records)
* a letter from his daughter, dated 4 August 2010
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1969
* an extract of Army Regulation 600-8-22 (Military Awards)
* an SF 600 (Chronological Record of Medical Care), dated 14 April 197?
* an SF 600, dated 11 February 1987
* a Phase I Questionnaire for Recovered U.S. POW
* a Department of Veterans Affairs (VA) medical record, dated 9 November 1988
* an SF 502 (Clinical Record - Narrative Summary), unsigned and undated

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 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 records show he was initially inducted into the Army of the United States in Richmond, VA, on 3 October 1946.  He held military occupational specialty (MOS) 566 (Duty Noncommissioned Officer (NCO)) and served with Company K, 1st Infantry Division, in Korea from 30 December 1946 to 10 May 1947.

3.  He was honorably discharged on 29 May 1947.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation) he was issued shows he was awarded the Army of Occupation Medal (Japan) and the World War II Victory Medal.

4.  After a break in service, he enlisted in the Regular Army on 23 August 1948 and served in MOS 111.80 (Light Weapons Infantryman) and 00E (Career Counselor) through multiple extensions or reenlistments.  He served in various staff and leadership positions, both within and outside the continental United States.  

5.  On 31 January 1969, he was honorably retired by reason of temporary physical disability and placed on the Temporary Disability Retired List (TDRL) in rank/grade of MSG/E-8 on 1 February 1969.  He was credited with 21 years,
1 month, and 2 days of total active service.

6.  His records also show, in addition to his earlier service in Korea, he completed several periods of overseas service as follows:

	a.  He served in the Caribbean from on or about 17 February 1950 to on or about 21 March 1950.

	b.  He served in Korea from on or about 10 August 1950 to on or about 11 September 1953.  He was assigned to Company F, 19th Infantry Regiment. During this period of service, he was carried in a POW status from 3 January 1951 to 2 September 1953.

	c.  He served in Germany from on or about 14 May 1963 to on or about 3 February 1967.  He was assigned to Headquarters Battery, 72nd Artillery.

7.  The applicant's records show he was issued the following discharge and/or separation documents:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 23 August 1948 through 29 October 1959 shows in:

		(1)  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge, Republic of Korea Presidential Unit Citation, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, and Army Good Conduct Medal (3rd Award).

		(2)  Item 29 (Wounds Received as a Result of Enemy Forces) shows the entry "None."

	b.  DD Form 214 for the period 3 November 1959 through 22 July 1964 shows in:

		(1)  Item 26, a Certificate of Achievement, Letter of Commendation, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and a Letter of Appreciation.

		(2)  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

	c.  DD Form 214 for the period 23 July 1964 through 31 January 1969 (final DD Form 214) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (1st Award), and the Army Commendation Medal.

8.  Item 28 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) for the period 21 December 1953 through 29 October 1959 shows 

awards of the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) on 20 November 1956 and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) on 16 April 1958.

9.  Headquarters, 72nd Artillery Group, General Orders Number 23, awarded him the Army Good Conduct Medal (6th Award) for service from 1 December 1963 through 30 November 1966.

10.  Headquarters, Special Troops, Fort Eustis, VA, Special Orders Number 62, dated 15 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Department of the Army 1st Endorsement, dated 14 October 1955, shows a review of the applicant's records indicated his entitlement to several awards, among which was the Distinguished Unit Emblem (now known as the Army Presidential Unit Citation).

12.  He submitted the following documents:

	a.  A letter, dated 4 August 2010, from his daughter, wherein she states that he is very ill and does not remember what happened.  She knows that he was held in a POW status in Korea for 32 months from 1950 to 1953 and he was stabbed in the neck.  He was placed on ice for weeks and received frostbite as a result of this torture.  

	b.  An SF 600, dated 14 April 197?, prepared at Fort Eustis, VA, that shows the entry "patient was stabbed 1950 by a bayonet."

	c.  An SF 600, dated 11 February 1987, prepared at MacDill Air Force Base, FL, that shows the entry "frostbite."

	d.  A Questionnaire for Recovered U.N. POWs shows he was captured on 3 January 1951 by Chinese forces north of Seoul, Korea.  He was held in Camp Number 5 from 6 March 1951 to 12 August 1952 and Camp Number 4 from 13 August 1952 to 20 August 1953.  He was released at Panmunjom, Korea on 3 September 1953.

	e.  a VA clinical record, dated 9 November 1988, that shows he had skin thickening at the hands, feet, and legs.  He attributes the skin thickening to a frostbite injury to the hands and feet when he was in Korea in the early 1950s.  He also complained of discoloration of the hands that occurs with cold exposure.

13.  Army Regulation 600-8-22 (Military Awards) provides for the following:

	a.  The POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, or by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.  For purposes of this medal, past armed conflicts are defined as World War I, World War II, Korean War, Vietnam Conflict, Grenada, Panama, Southwest Asia Conflict, and Somalia.

	b.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  For those who became POWs during World War II, the Korean War, and before 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

		(1)  For the purpose of awarding the Purple Heart, a wound was defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.  

		(2)  In connection with the definitions of "wound," until this provision was deleted after 23 August 1951, the word "element" referred to weather and permitted award to personnel severely frostbitten while actually engaged in combat.  Trench foot would not be considered as meriting award.  

	c.  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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
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 OF ASSIGNMENT/ COUNTRY) (DATE OF CAPTURE AND RELEASE DATE)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart.

2.  The evidence of record shows the applicant was captured by enemy forces in Korea and held in POW status from 3 January 1951 to 3 September 1953.  Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 for the period ending 31 January 1969 to show this award and his POW status.

3.  The evidence of record shows the applicant was awarded several awards throughout his service that were listed on one or more of his prior DD Forms 214. Since he was issued a DD Form 214 at a later date, it is appropriate to list all of his authorized awards, decorations, and badges on the final (retirement)
DD Form 214.  Therefore, the following awards should be carried forward to his DD Form 214 for the period ending 31 January 1969:

* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

4.  Department of the Army endorsement shows he was entitled to award of the Army Presidential Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 January 1969 to show this award.

5.  General orders awarded him the Army Good Conduct Medal (6th Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 January 1969 to show this award.

6.  The evidence of record shows he served a qualifying period in Korea for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 January 1969 to show this award.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 January 1969 to show these weapons qualification badges.

8.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

9.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  With respect to the frostbite injury, the regulation in effect until 23 August 1951, permitted award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.  (Trench foot would not be considered as meriting award.)  It is acknowledged that the applicant may be suffering from thickness to his hands and feet.  However, his records show he returned to duty after his captivity and served for an additional 16 years before he was placed on the TDRL.  Nowhere is it noted he suffered from frostbite.  Additionally, nowhere does it show he was actually engaged in combat when he suffered the frostbite.  Therefore, regrettably, there is insufficient evidence on which to base award of the Purple Heart as a result of his frostbite injuries.

11.  With respect to the stabbing injury, the only available evidence referring to a stabbing wound is an SF 600, constructed some 35 years after his captivity and some 17 years after his retirement.  Yet again, nowhere in his records is there reference to a stabbing wound he suffered during captivity.  There is no supporting statement from a witness.  Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.

12.  The applicant's record clearly reflects a decorated and true American hero.  However, personal chronicles and recollection of events, which were prepared and/or are submitted more than 57 years after the fact, do not by themselves conclusively prove the applicant was wounded or injured as a result of hostile action during or outside captivity.  Notwithstanding the applicant's sacrifices and his sincerity, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action during or outside his captivity, there is an insufficient basis for awarding him the Purple Heart

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:

	a.  adding to item 24 of his DD Form 214 for the period ending 31 January 1969 the:

* POW Medal
* Army Good Conduct Medal (6th Award)
* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal (2nd Award)
* Korean Service Medal with 3 bronze service stars
* Republic of Korea War Service Medal
* United Nations Service Medal
* 
Army Presidential Unit Citation
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge w/Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge w/Pistol Bar
(.45 caliber)

	b.  adding to item 30 of his DD Form 214 for the period ending 31 January 2010 the entry "Prisoner of War, Company F, 19th Infantry Regiment, 3 January 1951 to 2 September 1953."

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 the Purple Heart.

3.  The Board wants the applicant, his family, and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100020009



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020009



9


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1