IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130008544 


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 records to show all of his authorized awards and decorations.

2.  The applicant states he was inducted into the Army on 6 October 1950 and sent to Korea.  While serving in Korea he was captured, held as a prisoner of war (POW) for two and one-half years, and then returned to military control (RMC) for separation processing at Camp Breckinridge, KY on 6 October 1953.  He was told that to properly complete his processing, which included his POW status, he would be held for several days; otherwise, he would be processed that same day.  He elected to be processed as quickly as possible.  As a result, his separation document does not show all of his awards.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 service records are 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  A DD Form 214 shows the applicant was inducted and entered active duty on 6 October 1950 and he was honorably discharged on 6 October 1953.  He completed 3 years and 1 day of net active service.  It also shows in:

   a.  item 3 (Grade - Rate - Rank and Date of Appointment):  Corporal (CPL), 
T (Temporary) - 9 July 1951;

   b.  item 26 (Foreign and/or Sea Service):  2 years, 5 months, and 7 days;

	c.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Korean Service Medal with 7 bronze service stars
* United Nations Service Medal
* National Defense Service Medal
   
   d.  item 28 (Most Significant Duty Assignment):  Company A, 5th Infantry Regiment; and

	e.  item 38 (Remarks):  does not show any information pertaining to POW status.

4.  A review of the Korean Conflict Casualty Roster shows the applicant's name is listed as captured in the South Korean sector on 17 May 1951 and that he was RMC in the North Korean sector on 13 August 1953.

5.  A review of the National Archives and Records Administration, Access to Archival Databases, Korean Conflict POW Data File, shows the applicant was a POW at Ch'ang-Song in Korea (1951 to 1953).

6.  A DA Form 1577 (Authorization for Issuance of Awards), dated 17 October 1988, shows the applicant was authorized the Prisoner of War (POW) Medal.
7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in the Korean Conflict.  It shows that the 5th Infantry Regiment was cited for award of the Republic of Korea Presidential Unit Citation (ROK PUC) for the period 31 July 1950 to 27 July 1953, by Headquarters, Department of the Army, General Orders Number 49 (1954).

8.  A review of the applicant's available military service records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

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 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, except that ratings of "unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.  

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

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

   b.  The POW Medal is awarded to individuals who in past armed conflicts were taken prisoner or held captive 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 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 U.S. 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

11.  Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  It shows for item 27, enter decorations or citations received during the period covered by the DD Form 214.  Authorities for service medals need not be entered.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all of his authorized awards and decorations.

2.  The evidence of record shows the applicant was in a POW status from 
17 May 1951 until 13 August 1953 and he was authorized the POW Medal.  Thus, his DD Form 214 should be corrected to show his POW status and the POW Medal.

3.  The available evidence shows:

	a.  the applicant qualified for award of the Republic of Korea War Service Medal; and

	b.  general orders awarded the applicant's unit the ROK PUC.

4.  The applicant served a period of continuous, honorable active duty enlisted service from 6 October 1950 through 5 October 1953.




   a.  He was promoted to CPL (E-4) with only nine months of active service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
6 October 1950 through 5 October 1953.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

BOARD VOTE:

____x___  ____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 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 
6 October 1950 through 5 October 1953  (Standard Name Line:  CPL  Company A, 5th Infantry Regiment);

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

* Army Good Conduct Medal (1st Award)
* Prisoner of War Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

   c.  adding to item 38 of his DD Form 214:  "POW, Company A, 5th Infantry Regiment:  17 May 1950 - 13 August 1953, Korea."

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean Conflict are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20130008544



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ABCMR Record of Proceedings (cont)                                         AR20130008544



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