IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120002430
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 son of the deceased former service member (FSM), requests correction of the FSM's records to show the FSM was awarded the Purple Heart.
2. The applicant states he understands that based on new regulations the FSM now qualifies for award of the Purple Heart because he died as a prisoner of war (POW) in North Korea.
3. The applicant provides copies of:
* His birth registration
* ACPS Form 1 (Report of Death Memorandum), dated 4 March 1954
* Certificate in Memory of the FSM
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSMs military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. An ACPS Form 1, dated 4 March 1954, as filed in the FSM's reconstructed records, provides a record of witness statements concerning the death of the FSM while a POW. The individual statements differ on the exact date of death, but agree as to his death as a POW.
4. A DA Form 52-1 (Report of Death) dated 9 March 1954 reports that the FSM died as a POW on 31 July 1951.
5. The FSM's name appears on the Korean War Casualty List as a combat casualty. It clearly shows he had died in North Korea.
6. Records show the FSM's awards include:
* POW Medal
* American Defense Service Medal
* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* Honorable Service Lapel Button, World War II
7. Office of the Under Secretary of Defense memorandum, dated 1 October 2008, authorized the Purple Heart for a service member who, after 7 December 1941, is killed, dies while in captivity as a POW under circumstances establishing eligibility for the POW Medal unless compelling evidence is presented which shows the members death was not the result of enemy action.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that he FSM died while a POW in North Korea on 31 July 1951.
2. In view of the above and in accordance with the current regulatory guidance, the FSM should be awarded the Purple Heart.
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. publishing orders posthumously awarding the FSM the Purple Heart with an effective date of 31 July 1951; and
b. issuing a corresponding certificate for this award.
_______ _ _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) AR20120002430
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ABCMR Record of Proceedings (cont) AR20120002430
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