IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022198 


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, to be awarded the Purple Heart.

2.  The applicant states he was wounded in Korea during a North Korean mortar attack in Fall 1950 and was treated at Osaka Army Hospital in Japan; however, he never received the Purple Heart.

3.  The applicant provides a copy of a Western Union Telegram indicating he had been returned to action on 4 January 1951 after being slightly wounded in action and was reported as missing in action since 12 February 1951.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant initially enlisted in the Enlisted Reserve Corps (now known as the U.S. Army Reserve) on 12 May 1945 and served in an inactive status until he was honorably discharged on 16 January 1946 to enlist in the Regular Army.

4.  He enlisted in the Regular Army at Fort McPherson, Georgia, on 18 January 1946 for a period of 3 years.  He completed basic infantry training and officer candidate school at Fort Benning, Georgia.  He was honorably discharged on 22 April 1947 to accept a commission in the Army of the United States (AUS).

5.  On 23 April 1947, he was commissioned as an infantry second lieutenant in the AUS.  He was promoted to the rank of first lieutenant (1LT) on 22 October 1948.

6.  While the exact dates cannot be determined from the available records, the applicant was transferred to Korea as an infantry platoon leader with Company K, 9th Infantry Regiment, 2d Infantry Division.

7.  On 12 November 1950, he was wounded in action in the lower leg and was transferred to Osaka Army Hospital in Japan where he remained until he was returned to duty as an executive officer with Company K, 9th Infantry Regiment, on 4 January 1951.

8.  On 12 February 1951, he was reported as missing in action after his company was scattered by a heavy Chinese attack near Wonju.  The applicant was captured by enemy forces and remained as a prisoner of war (POW) until he was repatriated on or about 31 August 1953 after having been captive for 134 weeks.  He was transported to the U.S. Navy Ship General Black for repatriation medical processing.

9.  X-rays taken on 31 August 1953 at the 11th Evacuation Hospital indicate the applicant had a metallic foreign body in the right side of his chest.

10.  The applicant was returned to Fort Benning and on 28 February 1954 he was honorably released from active duty.  He completed 8 years, 9 months, and 4 days of service for pay purposes and 2 years, 11 months, and 25 days of foreign service.  His DD Form 214 issued at the time of his discharge shows he was awarded the World War II Victory Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Korean Service Medal (KSM).

11.  Block 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None."

12.  A review of the Korean War Casualty Listing shows the applicant was wounded on 15 November 1950 as a result of enemy action and he was hospitalized for 53 days.  It also shows he was returned to military control on 31 August 1953.

13.  The available records show the applicant participated in the United Nations Offensive, the Communist Chinese Forces Intervention, and the First United Nations Counteroffensive campaigns prior to being captured by communist forces.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

15.  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.  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
* 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

16.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) 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 KSM automatically establish eligibility for the UNSM.

17.  Army Regulation 600-8-22 states 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 must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

18.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POW's, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart for a wound he received in Korea has been noted and found to have merit.

2.  The applicant was wounded in action against the enemy in Korea on 12 November 1950 when he received a wound to the lower extremity while serving in the rank of 1LT.  Accordingly, he is entitled to be awarded the Purple Heart for that wound and to have the entry "Wounded in Korea on 12 November 1950" entered in block 29 of his DD Form 214.

3.  The evidence of record also shows he served in three campaigns and is entitled to wear three bronze service stars on his already-awarded KSM.

4.  While the exact dates cannot be determined, the available evidence shows the applicant was captured by enemy forces in February 1951 and he remained a POW until he was repatriated in August 1953.  Accordingly, he is entitled to be awarded the POW Medal and to have the entry "POW Company K, 9th Infantry Regiment, Korea, February 1951-August 1953" added to block 38 (Remarks) of his DD Form 214.

5.  The applicant served during a qualifying period for awards of the UNSM and the ROKWSM.  Accordingly, he is entitled to those awards and to have them added to his records at this time.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received against enemy forces in Korea on 12 November 1950 while serving in the rank of 1LT
* awarding him the POW Medal
* deleting award of the KSM from block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding award of the Purple Heart, the POW Medal, the KSM with three bronze service stars, the UNSM, and the ROKWSM to block 27 of his DD Form 214
* adding the entry "Wounded in Korea on 12 November 1950" to block 29 of his DD Form 214
* adding the entry "POW Company K, 9th Infantry Regiment, Korea, February 1951-August 1953" to block 38 of his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  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)                                         AR20100022198



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ABCMR Record of Proceedings (cont)                                         AR20100022198



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