IN THE CASE OF:	  

		BOARD DATE:  22 May 2012

		DOCKET NUMBER:  AR20110018916 


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, the daughter of a deceased former service member (FSM), requests, in effect, correction of her father's record to show award of the Purple Heart (2nd Award), Prisoner of War Medal, Combat Infantryman Badge (2nd Award), National Defense Service Medal, Republic of Korea War Service Medal, Army Good Conduct Medal (2nd Award), Republic of Korea Presidential Unit Citation, and the Presidential Unit Citation.

2.  The applicant states her father was posthumously awarded the Korean Service Medal with one bronze service star and the United Nations Service for Korea Medal (now known as the United Nations Service Medal).  She believes the other awards were overlooked between the time of his death and repatriation.

3.  The applicant provides:

* letter to a Member of Congress
* proof of paternity
* letter from the National Personnel Records Center
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* assorted documents from the FSM's service record
* a newspaper clipping


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 FSM's complete military record is 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 that many of his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form 53-55 and assorted documents which remain in the FSM's service record or as provided by the applicant.

3.  The FSM's WD Form AGO 53-55 shows he was inducted into the Army of the United States and he entered active service on 28 February 1941.  His military occupational specialty was 745 (Rifleman).  His final unit of assignment was  Company C, 328th Infantry Regiment, 26th Division.  He was honorably discharged on 23 November 1945 after completing 4 years, 8 months, and 27 days of total active service.  He held the rank of staff sergeant on the date of his separation.

4.  The FSM's WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 31 (Military Qualification and Date) shows award of the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Northern France and Rhineland campaigns.


	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:
* Purple Heart
* American Defense Service Medal
* Army Good Conduct Medal
* European-African-Middle Eastern Theater Campaign Ribbon
* American Theater Campaign Ribbon
* World War II Victory Medal

5.  The FSM's records contain an NME Form 4 (Enlistment Record – United States Army) that shows he enlisted in the Regular Army for a period of 3 years on 6 December 1948.

6.  Section 14 (Service Outside Continental United States) of the FSM's service record shows he arrived in Pusan, Korea, on 23 August 1950.

7.  The FSM's records contain a casualty report that shows while serving as an infantryman assigned to the 8th Cavalry Regiment, his status was recorded as missing in action in the vicinity of Unsan, North Korea, on 2 November 1950.

8.  The FSM's record contains an Identification Sheet, dated 13 April 1954, that indicates the FSM was captured by Chinese Communist Forces and died at Prisoner of War Camp Number 5 on an undocumented date in February 1951.

9.  The FSM's records contain a DA AGO Form 52-1 (Report of Death) that states the FSM died on 3 March 1951 while in the hands of the opposing forces.

10.  The FSM's record contains a form, titled "Authorization for Issuance of Awards," dated 16 February 1954, that shows he was posthumously awarded the Korean Service Medal with one bronze service star and United Nations Service Medal.

11.  An Office of the Under Secretary of Defense memorandum, dated 1 October 2008, authorized award of the Purple Heart for a service member who is killed or dies while in captivity as a prisoner of war after 7 December 1941 under circumstances establishing eligibility for the Prisoner of War Medal unless compelling evidence is presented that shows the member's death was not the result of enemy action.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who were taken prisoner in past armed conflicts 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

	c.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	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.

	e.  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 or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

13.  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 the 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.  

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in the Korean War.  This pamphlet shows the 8th Cavalry Regiment, 1st Cavalry Division, was awarded credit for participation in four campaigns during the FSM's period of assignment.  However, prisoners of war are not accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.  Therefore, based on the FSM's arrival date in Korea (23 August 1950) and the date he was confirmed as missing (2 November 1950), he is eligible for participation credit in two campaigns.

15.  Department of the Army Pamphlet 672-1 also shows the applicant was assigned to a unit during a period the unit was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 35, dated 1951 and the Bravery Gold Medal of Greece by DAGO Number 2, dated 1956.

16.  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.  An extensive search by the Army Human Resources Command failed to yield official orders to authorize entitlement to this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her father's record to show award of the Purple Heart (2nd Award), Prisoner of War Medal, Combat Infantryman Badge (2nd Award), National Defense Service Medal, Republic of Korea War Service Medal, Army Good Conduct Medal (2nd Award), Republic of Korea Presidential Unit Citation, and the Presidential Unit Citation has been carefully examined and found to have partial merit.
2.  The FSM was awarded the Combat Infantryman Badge for achievement or service during his period of service in World War II from 28 February 1941 through 23 November 1945.  Therefore, he is entitled to award of the Bronze Star Medal.

3.  The evidence clearly shows the FSM was an infantryman assigned to an infantry unit captured by Chinese Communist Forces and that he died at Prisoner of War Camp Number 5 on 3 March 1951.  Therefore, he is entitled to award of the Prisoner of War Medal and a second Purple Heart.  It is also reasonable to presume the applicant was engaged in combat at the time of his capture.  Therefore, he is entitled to a second award of the Combat Infantryman Badge.

4.  The evidence also shows the FSM completed qualifying periods of service for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, his record should be corrected to show these service medals.

5.  The FSM was previously awarded the Army Good Conduct Medal.  A Soldier may be awarded the first award of the Army Good Conduct Medal upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Since this only applies to the first award, the FSM is not entitled to a second award of the Army Good Conduct Medal.

6.  Records show the FSM participated in two campaigns while serving in Korea.  Therefore, the FSM's record should be corrected to show these bronze service stars on the FSM's already-awarded Korean Service Medal.

7.  The FSM's unit in the Republic of Korea was cited for award of the Presidential Unit Citation and Bravery Gold Medal of Greece during his period of assignment.  Therefore, the FSM's record should be corrected to show these unit awards.

8.  With respect to the Presidential Unit Citation, despite being mentioned on various websites, the evidence of record fails to show his unit of assignment in Korea was awarded the Presidential Unit Citation.  Neither the Unit Citation and Campaign Participation Credit Register nor an extensive search by the Army Human Resources Command yielded orders authorizing entitlement to this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_  __  ___X ___  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  posthumously awarding the FSM the:

* Bronze Star Medal based on award of the Combat Infantryman Badge for the period 28 February 1941 through 23 November 1945
* Purple Heart (2nd Award) based on his death in captivity by Chinese Communist Forces at Prisoner of War Camp Number 5 on 3 March 1951
* Combat Infantryman Badge (2nd Award) effective February 1951

	b.  issuing the applicant an appropriate document to show the FSM was awarded the:

* Bronze Star Medal
* Purple Heart (2nd Award)
* Prisoner of War Medal
* National Defense Service Medal
* Korea Service Medal with two bronze service stars
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation
* Bravery Gold Medal of Greece
* Combat Infantryman Badge (2nd Award)

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 award of the Army Good Conduct Medal (2nd Award) and the Presidential Unit Citation.

3.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20110018916



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ABCMR Record of Proceedings (cont)                                         AR20110018916



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