IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003258 


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, a niece and court-appointed administrator of the estate of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1964 to show award of the:

* Purple Heart
* Prisoner of War (POW) Medal
* any and all medals to which he may be entitled

2.  The applicant also requests issuance of these awards to the FSM's next of kin.

3.  The applicant states the FSM's DA Form 24 (Service Record) shows he was dropped from the rolls and listed as a POW in Korea from 23 May 1951 through 31 August 1953.

4.  The applicant provides:

* DA Form 24, pages 2 and 4
* FSM's Certificate of Death
* newspaper article titled, "Private [FSM] Welcomed Home After 28 Months in Korean POW Camps"
* two pictures alleged to be of the FSM


CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show he enlisted in the Enlisted Reserve Corps on 4 December 1942 and entered active duty on 16 March 1943.  He was honorably released from active duty on 2 April 1946.

2.  The FSM later enlisted in the Regular Army (RA) on 31 July 1947 for 4 years. 
He completed training and was awarded military occupational specialty 111.60 (Light Weapons Infantryman).  He served in Korea from 31 July 1950 through 23 April 1951.  He was assigned to Company A, 5th Infantry Regiment.

3.  A WD AGO Form 0365 (Battle Casualty Report), dated 8 September 1950, advised the FSM's parents that the FSM was slightly wounded in action in Korea on 23 August 1950.

4.  A WD AGO Form 0365, dated 25 May 1951, advised the FSM's parents that he returned to duty on 4 September 1950 from being previously wounded and he had been missing in action (MIA) in Korea since 23 April 1951.

5.  General Headquarters, Far East Command memorandum, dated 28 February 1952, subject:  Roster of MIA Personnel, identifies the FSM as being MIA on 23 April 1951 near Undam-Jang, North Korea, and states his name appeared as a POW on the enemy list on 18 December 1951.

6.  An AGO Form 241 (Casualty Report) prepared on 20 May 1951 states the FSM was reported MIA on 23 April 1951.

7.  An AGO Form 0365, dated 31 August 1953, advised the FSM's parents that he was in satisfactory condition and was returned to military control on 31 August 1953.

8.  Section 4 (Chronological Record of Military Service) of his DA Form 24 lists the FSM in a POW status in Korea from 23 May 1951 to 31 August 1953.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 lists the:

* Combat Infantryman Badge – 24 August 1950
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal with four bronze loops
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  The FSM reenlisted in the RA on 29 October 1953 and on 18 July 1955.  His separation documents for these periods are not available for review with the case.

10.  The FSM again reenlisted in the RA on 2 May 1958.  He was honorably discharged on 1 May 1961 for the purpose of immediate reenlistment.  His DD Form 214 shows:

	a.  in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Army Good Conduct Medal with four bronze loops and

	b.  in item 27 (Wounds Received as a Result of Action with Enemy Forces) the entry, "None."

11.  The FSM again enlisted in the RA on 2 May 1961.  He was ultimately retired on 31 July 1964 and placed on the Retired List in pay grade E-6.  His DD Form 214 for this period of service shows:

	a.  in item 26 of his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and Army Good Conduct Medal with four bronze loops and

	b.  in item 27 the entry, "None."

12.  The Korean Casualty List confirms he was wounded in action on 23 August 1950 and was MIA on 23 April 1951.

13.  The applicant provides two pictures alleged to be of the FSM.  The applicant states the pictures were official military photographs taken of the FSM and show the Purple Heart.

14.  The applicant provides a copy of a newspaper article which states the FSM was being welcomed home after being held as a POW in a Korean camp.  The article also states the FSM was wounded by shrapnel in August 1950 and returned to duty before being captured.

15.  The National Archives and Records Administration Records of Repatriated Korean POW's for the period 5 July 1950 to 6 October 1954 lists the applicant as having been captured on 23 April 1951 and released on 31 August 1953.
16.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW or while being taken captive in the same manner as a former POW who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for POW's under section 521a shall be made in accordance with the standards in effect on the date of the enactment of this act to persons wounded on or after 25 April 1962.

17.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against the 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 medical treatment, and the medical treatment must have been made a matter of official record.

18.  Army Regulation 600-8-22 states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who were taken prisoner or held captive in past armed conflicts 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 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 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

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

20.  Army Regulation 600-8-22 states 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.  A second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods listed.  In order to signify receipt of a second or subsequent award of the National Defense Service Medal, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.

21.  Army Regulation 600-8-22 states 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

22.  Army Regulation 600-8-22 states authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.

23.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the FSM's unit, the 5th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for the period 31 July 1950 to 31 July 1952 by Department of Army General Orders Number 49, dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was wounded in action in Korea on 23 August 1950.  He was returned to duty on 4 September 1950.  His name is listed on the Korean Casualty List.  Therefore, he is entitled to award of the Purple Heart and to have this award added to his DD Form 214 for the period ending 31 July 1964.

2.  The evidence of record also shows the FSM was held as a POW in Korea from 23 April 1951 through 31 August 1953.  Therefore, he met the criteria for award of the POW Medal and should have this award added to his DD Form 214 for the period ending 31 July 1964.

3.  Additionally, it is also appropriate to correct his DD Form 214 to show he was a POW from 23 April 1951 through 31 August 1953.  In accordance with regulatory guidance, the entry "Prisoner of War, Company A, 5th Infantry Regiment, Korea, 23 April 1951 to 31 August 1953" should be annotated on his DD Form 214 for the period ending 31 July 1964.

4.  The FSM's DA Form 20 further shows he was authorized awards of the Combat Infantryman Badge, Korean Service Medal, United Nations Service Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is further entitled to correction of his final DD Form 214 to show these awards.

5.  The FSM completed a qualifying period of service for a second award of the National Defense Service Medal for his service between 1 January 1961 and 14 August 1974.  Therefore, he is entitled to this award and its addition to his DD Form 214.

6.  The FSM completed a qualifying period of service for award of the Republic of Korea War Service Medal and three bronze service stars to be affixed to his Korean Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  General orders awarded the FSM's unit the Republic of Korea Presidential Unit Citation.  He is therefore entitled to have this unit award added to his DD Form 214.

8.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

__X_____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the FSM the Purple Heart for wounds received in action on 23 August 1950
* adding the following awards to item 26 of the FSM's DD Form 214 for the period ending 31 July 1964:

* Purple Heart
* POW Medal
* National Defense Service Medal (2nd Award)
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding the entry, "Prisoner of War, Company A, 5th Infantry Regiment, Korea, 23 April 1951 to 31 August 1953" to item 32 of the FSM's DD Form 214 for the period ending 31 July 1964
* issuing the applicant these medals and providing a document including these changes



      _______ _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)                                         AR20110003258



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ABCMR Record of Proceedings (cont)                                         AR20110003258



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