BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017608 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), to show:

* the FSM's prisoner of war (POW) status
* award of the Purple Heart, POW Medal, and Combat Infantryman Badge (CIB)

2.  He states nothing on the FSM's DD Form 214 indicates he was a POW, and the DD Form 214 does not show the Purple Heart, POW Medal, or CIB.  

3.  He provides:

* Certificate of Death
* Congressional correspondence
* self-authored statements
* the FSM's DD Form 214
* Veterans Administration (VA) Board of Veterans Appeals Findings and Decision

CONSIDERATION OF EVIDENCE:

1.  On 13 March 1951, the FSM was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 3844 (Field Artillery Cannoneer).  
2.  Item 29 (Record of Current Service) of his DA Form 20 (Soldier's Qualification Card) shows he was assigned to duty in Korea with Battery B, 10th Field Artillery Battalion, on 15 October 1951.

3.  A review of his Official Military Personnel File shows he was reported missing in action on 3 November 1951.  On 4 November 1952, The Adjutant General notified the FSM's parents that his name appeared on a list of prisoners being held by the opposing forces.  On 18 August 1953, he was returned to military control.  

4.  On 23 October 1953, he was honorably released from active duty.  His DD Form 214 shows in:

* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Korean Service Medal with one bronze service star
* item 29 (Wounds Received as a Result of Action with Enemy Forces) – "LEFT Sholder [sic] & Leg"

5.  On 14 September 1988, the U.S. Army Reserve Personnel Center, St. Louis, MO, authorized issuance of the POW Medal to the FSM.  

6.  The available records are void of documentation showing the FSM was awarded the Purple Heart.  

7.  The applicant provides, in part, VA records showing that the FSM was reported to have sustained gunshot wounds in November 1951.  

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Section 521a of the National Defense Authorization Act of 1996 authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW or while being taken captive in the same manner as a former POW who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for POW's under section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

10.  Army Regulation 600-8-22 states the POW 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 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 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

11.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 600-8-22 states the United Nations Service Medal (UNSM) 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.

14.  Army Regulation 600-8-22 states there are three basic requirements for award of the CIB.  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.  

15.  Army Regulation 635-5 (Separation Documents) 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 FSM was a POW from 3 November 1951 to 18 August 1953 and he was authorized issuance of the POW Medal.  It would be appropriate to amend his DD Form 214 by adding the POW Medal and an entry in item 38 (Remarks) reflecting his POW status.  

2.  His DD Form 214 includes an entry showing he was wounded as a result of action with enemy forces.  This entry is a sufficient basis upon which to award him the Purple Heart and amend his DD Form 214 to show this award.  

3.  His service meets the eligibility criteria for the NDSM, UNSM, and ROKWSM.  It would be appropriate to amend his DD Form 214 to show these awards. 

4.  He was not assigned to an infantry unit and did not hold an infantry MOS; therefore, he was not eligible for the CIB.  There is no basis for correcting his record to show he is authorized this badge.  

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 Purple Heart for wounds he received on or about 3 November 1951 and 

	


   b.  amending his DD Form 214 by: 

		(1)  adding to item 27  

* Purple Heart 
* POW Medal
* NDSM
* UNSM
* ROKWSM

		(2) adding to item 38 an entry showing his POW status from 3 November 1951 to 18 August 1953.

2.  The Board further determined that 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 the CIB.  



      _______ _   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)                                         AR20130017608





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ABCMR Record of Proceedings (cont)                                         AR20130017608



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