IN THE CASE OF:	   

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20130022095 


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 – 

* issuance of a Purple Heart medal
* correction of his DD Form 214 (Report of Separation) to show he was a prisoner of war (POW)

2.  The applicant states, in effect, –

* his DD Form 214 shows he was authorized the Purple Heart but none were available for issue and he has never received one
* he believes the fact that he was a POW should be noted on his DD Form 214

3.  The applicant provides copies of his DD Form 214 and a Department of Veterans Affairs Identification Card.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The applicant served on active duty from 30 October 1952 through 29 July 1954.  He served in Korea with Company K, 180th Infantry Regiment.

4.  On 13 July 1953, the applicant sustained a shrapnel wound to his left leg for which he was authorized the Purple Heart.  

5.  The applicant was reported missing in action (MIA) in Korea on 15 July 1953. The MIA report, completed on 17 July 1953, states he was last seen covering the retreat of other Soldiers following a massive North Korean attack.

6.  A 22 August 1953 Battle Casualty Report states the applicant, a POW, was returned to military control on 22 August 1953.

7.  A 2 September 1953 Department of the Army, Adjutant General's Office Radio Message inquired where the applicant, a released POW, was sent upon his arrival by plane in California on 31 August 1953.

8.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Korean Service Medal with 2 bronze service stars, Combat Infantryman Badge, United Nations Service Medal, Silver Star, Good Conduct Medal, and the Purple Heart (authorized not available).  It does not contain any reference to his POW status.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to Company K, 180th Infantry Regiment, it was awarded the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation.
	






10.  Army Regulation 600-8-22 (Military Awards) states:

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

	b.  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.

11.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POWs, the following statement will be entered in the Remarks block, "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds sustained on 13 July 1953.  His DD Form 214 shows that this award was authorized but no medal was available for presentation.  It is appropriate to issue the applicant a Purple Heart medal.

2.  On 15 July 1953, the applicant was captured by the enemy and held as a POW until 22 August 1953.  At the time of his service, the Prisoner of War Medal had not yet been created and there was no provision for entry of a POW status on the DD Form 214.

3.  However, with the establishment of the POW medal, retroactive award of this medal to all POW's (held after April 1917) was authorized.  Additionally a required entry, in the remarks block on the DD Form 214, was made mandatory to reflect the service member’s POW period. 

4.  It is appropriate to award the applicant the Prisoner of War Medal and correct his DD Form 214 to show this award and to include the statement "PRISONER OF WAR, KOREA, 15 JULY 1953 – 22 AUGUST 1953."

5.  Additionally, the record shows the applicant is also authorized award of the Republic of Korea War Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.  It is appropriate to include these awards on his DD Form 214.

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.  showing on his DD Form 214 that his authorized awards also include the Prisoner of War Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation; 

   b.  adding the statement "PRISONER OF WAR, KOREA, 15 JULY 1953 – 22 AUGUST 1953" to the remarks block on his DD Form 214; and 
   
   
   
   
   
   
   
   c.  issuing the applicant the Purple Heart, Prisoner of War Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation, as applicable.



      ___________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)                                         AR20130022095



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ABCMR Record of Proceedings (cont)                                         AR20130022095



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