BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140008272 


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 a deceased former service member (FSM), requests award and issuance of the Prisoner of War Medal to his father and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award.

2.  The applicant states his father was held as a prisoner of war by the North Koreans from 3 November 1951 until 18 August 1953.  The Department of Veterans Affairs (VA) refused to list his prisoner of war status on his burial marker without documentation on his DD Form 214.

3.  The applicant provides the FSM's:

* DD Form 214
* VA Former Prisoner of War Medical History
* VA Form 21-2507 (Request for Physical Examination)
* Korean War Prisoner of War Record

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 FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States on 13 March 1951.

4.  He was honorably released from active duty in the temporary rank of private first class on 23 October 1953.  He completed 2 years, 7 months, and 11 days of total active service during this period, including 1 year, 11 months, and 16 days of foreign service of which 655 days were spent in captivity by enemy forces.  His DD Form 214 shows his most significant duty assignment as the Inchon Replacement Depot, 8057th Army Unit, South Korea.  He was awarded or authorized the Korean Service Medal with one bronze service star.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows he sustained wounds to his left shoulder and leg; the date and location of the incident is not identified.

5.  The applicant provided the FSM's VA Form 21-2507, dated 22 July 1983, showing he requested a physical examination based on prisoner of war priority for the following disabilities:

* anxiety reaction
* residuals, gunshot wound left shoulder with retained foreign bodies
* scar, residuals, gunshot wound left leg and right chest

6.  The applicant provided the FSM's VA Former Prisoner of War Medical History showing he reported he and another Soldier were captured by the North Koreans on 3 November 1951 during a battle.  He was shot six times during his capture – three times in his left shoulder, two times in his left leg, and one time in his right chest.  He was held at Camp Ch'ang-Song, North Korea, for approximately 2 years.

7.  The applicant provided the FSM's Korean War Prisoner of War Record showing he was captured on 3 November 1951 and was interned at Camp Ch'ang-Song, North Korea, until his release on 18 August 1953.

8.  A U.S. Army Human Resources Command Military Awards Branch inquiry failed to reveal any orders for the Purple Heart pertaining to the FSM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster will be awarded to be worn on the medal or ribbon for each subsequent award.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

	b.  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

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	d.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	e.  The United Nations Service Medal 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.

	f.  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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

10.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  The line item instructions state that if the Soldier has been in a prisoner of war status, whether or not eligible for award of the Prisoner of War Medal, enter the unit of assignment, country, and the dates of capture and release in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's DD Form 214 clearly shows the FSM was wounded in action; however, the date and location of the incident is not identified.  Nevertheless, he is entitled to posthumous award of the Purple Heart and his DD Form 214 should be corrected to show this award.

2.  The evidence of record clearly shows the FSM was held captive as a prisoner of war at Camp Ch'ang-Song, North Korea, for approximately 2 years (655 days).  Therefore, he is authorized award of the Prisoner of War Medal and his DD Form 214 should be corrected to show this award.

3.  Although the FSM's service records are not available for review, his DD Form 214 shows he was honorably released from active duty in the temporary rank of private first class on 23 October 1953 – just 2 months after being released from captivity.  He completed 2 years, 7 months, and 11 days of total active service, including 1 year, 11 months, and 16 days of foreign service of which 655 days were spent in captivity by enemy forces.  His DD Form 214 shows he had no lost time.  There is no evidence indicating he was disqualified for consideration for the first award of the Army Good Conduct Medal.  Therefore, he should be posthumously awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  The evidence of record shows the FSM served qualifying periods for award of the National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  Based on the FSM's prisoner of war status, his DD Form 214 should be corrected to show the entry "Prisoner of War – Inchon Replacement Depot, 8057th Army Unit, North Korea, 3 November 1951 to 18 August 1953" in the remarks block.

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.  posthumously awarding the FSM the Purple Heart for wounds received in action in South Korea between 3 November 1951 and 18 August 1953,

	b.  posthumously awarding the FSM the Army Good Conduct Medal (1st Award) for the period 13 March 1951 through 23 October 1953;



	c.  adding the following awards to the FSM's DD Form 214:

* Purple Heart
* Prisoner of War Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

	d.  adding the following statement to the remarks block of his DD Form 214:  "Prisoner of War – Inchon Replacement Depot, 8057th Army Unit, North Korea, 3 November 1951-18 August 1953."



      ___________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)                                         AR20140008272



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ABCMR Record of Proceedings (cont)                                         AR20140008272



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