IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028184 


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 his Prisoner of War (POW) status during the Korean War.

2.  The applicant states he believes it was an administrative error.

3.  The applicant provides his DD Form 214, a Department of the Army (DA) letter, and a Western Union Telefax.

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 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 available records show he was a member of the U.S. Army Reserve (USAR).  He was ordered to active duty from the USAR on 10 October 1950.  He held military occupational specialty 4745 (Light Weapons Infantryman).  

4.  He was honorably released from active duty on 25 February 1952 in the rank of Corporal (CPL) and he was transferred to the USAR to complete his remaining Reserve obligation.  He completed 1 year, 4 months, and 16 days of active service with 8 months and 6 days of foreign service and no lost time.

5.  While in the Republic of Korea he was assigned to Company F, 38th Infantry Regiment, 2nd Infantry Division.  The exact dates of service are unknown. 

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, and the Purple Heart (1st Oak Leaf Cluster).

7.  His available records contain a page from the Korean War Casualty File which shows the applicant was wounded in action on 18 May 1951 and was returned to military control on 23 May 1951.

8.  The applicant provides a DA letter, dated 5 June 1951, wherein his mother was notified the applicant was seriously wounded in action on 18 May 1951, captured on the same date, and was returned to military control on 23 May 1951.

9.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The current version of Army Regulation 635-5 states, for a Soldier with POW documentation, enter in item 38 (Remarks) of the DD Form 214 the entry "PRISONER OF WAR, (UNIT OF ASSIGNMENT/ COUNTRY) (DATE OF CAPTURE AND RELEASE DATE)."

10.  A review of his records indicates entitlement to additional awards.

11.  Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  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, 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 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.

	c.  The United Nations Service Medal 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 Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	d.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.



13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 38th Infantry Regiment was cited for award of the Presidential Unit Citation for the period 16 May - 22 May 1951 by Department of the Army General Orders Number 72, dated 1951.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was captured by enemy forces in Korea and held in a POW status from 18 May to 23 May 1951.  Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award and his POW status.

2.  He served honorably during the period 10 October 1950 through 25 February 1952.  He attained the rank of CPL, served in the Korean War, was a POW, had no lost time, and received the Combat Infantryman Badge and two awards of the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award.

3.  He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal, United Nations Service Medal, and the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He was assigned to the 38th Infantry Regiment during a period the unit was cited for award of the Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 October 1950 through 25 February 1952;

	b.  adding to item 27 of his DD Form  214 the POW Medal, Army Good Conduct Medal (1st Award), Republic of Korea War Service Medal, United Nations Service Medal, National Defense Service Medal, and the Presidential Unit Citation; and

	c.  adding to item 38 of his DD Form 214 the entry "Prisoner of War: Company F, 38th Infantry Regiment, Korea, 18 May to 23 May 1951."



      _______ _   _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)                                         AR20100028184



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ABCMR Record of Proceedings (cont)                                         AR20100028184



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