IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110003900 


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 all of his awards.

2.  The applicant states he was a Prisoner of War and earned many awards; however, they are not listed on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and DA Form 1577 (Authorization for Issuance of Awards).

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 that 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.  This case is being considered using the applicant's DD Form 214 and the Korean War Data File maintained by the National Archives and Records Administration (NARA).

3.  The available record shows the applicant reenlisted in the Army on
30 January 1950 for an indefinite period under military occupational specialty (MOS) 1745 (infantry first sergeant).  On 28 October 1953, he resigned under the provisions of Army Regulation 615-367 (Enlisted Personnel - Discharge - Resignation), paragraph 3, by reason of unconditional resignation.  He completed 3 years, 8 months, and 29 days of net active service this period with no time lost.  He completed 6 years, 7 months, and 14 days of total creditable service.  He attained the rank of sergeant first class (SFC) (T) [temporary].  The DD Form 214 he was issued at the time shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal.

	b.  item 28 (Most Significant Duty Assignment) the entry "F Co, 38th Infantry, APO 248 (Korea).

4.  His name appears on the Korean War Data File maintained by NARA as a Prisoner of War during the period 18 May 1951 to 5 September 1953. 

5.  The applicant provides a copy of the DA Form 1577 issued by the National Personnel Records Center (NPRC), dated 30 March 2001, which shows his entitlement to the:

* Purple Heart with one oak leaf cluster
* Prisoner of War Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* United Nations Service Medal
* Korean Service Medal with one silver service star
* Combat Infantryman Badge


* Presidential Unit Emblem (Citation)
* Meritorious Unit Emblem (Commendation)

6.  There is no available evidence that shows:

* he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action
* he was awarded or recommended for award of the Purple Heart, Combat Infantryman Badge, Army of Occupation Medal with Japan Clasp, United Nations Service Medal, Presidential Unit Citation, or the Meritorious Unit Commendation
* he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit or brigade, regimental or smaller size

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.

8.  Army Regulation 600-8-22 states the Prisoner of War 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 Prisoner of War 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

9.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first 


award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher.  There must have been no convictions by court-martial.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  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.

12.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary, or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

13.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  The regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

14.  Army Regulation 600-8-22 states 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.

15.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, 


determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

16.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

17.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

18.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, for a Soldier with POW documentation, enter "PRISONER OF WAR (unit of assignment/country) (date of capture and release date)" in the Remarks section.

19.  Army Regulation 600-8-22, paragraph 1-25, provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.  The Purple Heart is among those awards, which must be authorized in Department of the Army General Orders.  The DA Form 1577 merely authorizes an award already approved in General Orders or by some other proper authority to be issued to an individual.  The DA Form 1577 is not an authority for an individual to receive and wear an award or decoration or an authority upon which to base correction of military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 amended to show all his awards was carefully considered and determined to have partial merit.

2.  The applicant's name appears on the Korean War Data File maintained by NARA as a Prisoner of War during the period 18 May 1951 to 5 September 1953.  Therefore, he is entitled to award of the Prisoner of War Medal and correction of his DD Form 214 to show this award.  He is also entitled to correction of his
DD Form 214 to show the appropriate Prisoner of War data in the Remarks section.

3.  The evidence shows the applicant completed 3 years, 8 months, and 28 days of honorable active service with no time lost during his last indefinite reenlistment.  He also attained the rank of SFC during this period.  Although there are no available records to determine his eligibility for the Army Good Conduct Medal during his first period of service, it appears the applicant met the criteria for the Army Good Conduct Medal during the period 30 January 1950 through 29 January 1953 based on him attaining the rank of SFC (T) with no time lost.  Therefore, he is entitled to award of the Army Good Conduct Medal
(1st Award) and correction of his DD Form 214 to show this award.

4.  The evidence shows the applicant completed a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant was awarded the Korean Service Medal during his period of service.  This award automatically establishes eligibility for the United Nations Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant served during a qualifying period for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  Evidence shows the applicant was captured and held as a Prisoner of War from 18 May 1951 to 5 September 1953.  His record shows he held MOS 1745 as an infantry first sergeant during this period.  It would appear that he was engaged in active ground combat with his infantry unit at the time of his capture.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge for actions on 18 May 1951 and to correction his DD Form 214 to show this award.

8.  Although the applicant provided a DA Form 1577 listing an authorization for issuance of awards, this is not an authority for an individual to receive and wear an award or decoration or an authority upon which to base correction of military records.   

9.  There is no evidence available nor did the applicant provide any evidence which shows: 

* he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action
* he was awarded or authorized the Purple Heart, Army of Occupation Medal with Japan Clasp, Presidential Unit Citation, or the Meritorious Unit Commendation

10.  Based on the foregoing, there is insufficient evidentiary basis for award of the:

* Purple Heart with one oak leaf cluster
* Army of Occupation Medal with Japan Clasp
* Presidential Unit Emblem
* Meritorious Unit Emblem

11.  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.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
30 January 1950 through 29 January 1953, and

	b.  adding to item 27 of his DD Form 214 the:

* Prisoner of War Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal


* United Nations Service Medal
* Republic of Korea War Service Medal
* Combat Infantryman Badge

2.  The Board further determined 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 correcting his DD Form 214 to show:

* Purple Heart with one oak leaf cluster
* Army of Occupation Medal with Japan Clasp
* Presidential Unit Emblem
* Meritorious Unit Emblem



      ___________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)                                         AR20110003900



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ABCMR Record of Proceedings (cont)                                         AR20110003900



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