IN THE CASE OF:	   

		BOARD DATE:	 	29 October 2013

		DOCKET NUMBER:  AR20130002628


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 the Prisoner of War (POW) Medal.

2.  The applicant states:

	a.  he was a POW in Korea from 26 November 1950 through 24 August 1953;

	b.  his DD Form 214 should be corrected to show the POW Medal; and

	c.  the Department of Veterans Affairs (VA) established his POW status and he is in receipt of VA benefits based on his POW experience.

3.  The applicant provides:

* WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 30 September 1948
* DD Forms 214 for the period ending 16 October 1953 and 20 October 1954

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 were not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost in that fire.  However, there were sufficient documents in the reconstructed NPRC file to allow the Board to conduct a fair and impartial review of this case.

3.  The applicant’s NPRC file shows he enlisted in the Regular Army (RA) on
27 July 1948.  At the time of enlistment he was only 16 years, 6 months, and
21 days of age.  On 30 September 1948 he was honorably discharged.  The WD AGO Form 53 he was issued shows he was discharged under the provisions of Army Regulation 615-362 (Enlisted Personnel – Discharge – Minority and Dependency or Hardship), section II as a minor.  He completed 2 months and 4 days of total active service.

4.  On 1 February 1949, he again enlisted in the RA.  He was honorably discharged on 16 October 1953.  He completed 4 years, 8 months, and 16 days of net active service this period, including 3 years, 1 month, and 5 days of foreign service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Korean Service Medal
* United Nations Service Medal
* Purple Heart

5.  On 4 January 1954, he again enlisted in the RA.  He was honorably discharged on 20 October 1954.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the entry "None."

6.  His NPRC file contains a General Services Administration (GSA) Form 7093 (Reply to Inquiry), dated 17 April 1974, prepared in response to an inquiry and addressed to the applicant.  It shows an NPRC official confirmed the applicant's record shows his POW status from 28 November 1950 through 24 August 1953.

7.  On 28 April 1988, the applicant completed a DD Form 2510 (POW Medal Application/Information).  On 11 July 1988, the Assistant Adjutant General, Army Reserve Personnel Center, St. Louis, MO, issued a DA Form 1577 (Authorization for Issuance of Awards) that authorized the issuance of the POW Medal to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 provides guidance on the award of the POW Medal and it states it 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.  All requests for award of the POW Medal for past armed conflicts will be initiated by former POWs or their next of kin.  Applications or personal letters should be forwarded to the NPRC.  Statutory and regulatory time limits pertaining to award of the POW Medal do not apply.  Award of the POW Medal may be awarded at anytime after submission of documented evidence that all criteria have been met. This medal is classified as a service medal, as such no orders are issued to announce its approval.

	b.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal.  It 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the POW Medal should be added to his DD Form 214. There is sufficient evidence to support this claim.

2.  The evidence of record confirms an NPRC official determined the applicant's POW status was from 28 November 1950 to 24 August 1953, and the Assistant Adjutant General, NPRC, authorized the issuance of the POW Medal.  Therefore, it would be appropriate to add this award to his final DD Form 214 for the period ending 20 October 1954.

3.  While the DD Form 214 in question does not provide the specific dates the applicant served in Korea, it does confirm he completed 3 years, 1 month, and 5 days foreign service between February 1949 and October 1953 and he was awarded the Korean Service Medal.  This is sufficient evidence to show service in Korea during a qualifying period of service for entitlement to the Republic of Korea War Service Medal.  Therefore, his final DD Form 214 should also be corrected to show this service medal.

4.  In view of the foregoing, his DD Form 214 for the period ending 20 October 1954 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:

	a.  deleting from item 27 of his DD Form 214 for the period ending 20 October 1954 the current entry and

	b.  adding to item 27 of his DD Form 214 for the period ending 20 October 1954 the:

* Prisoner of War Medal
* Republic of Korea War Service Medal




      _______ _   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)                                         AR20100021691



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ABCMR Record of Proceedings (cont)                                         AR20130002628



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