BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012503 


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 spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. 

2.  The applicant states, in effect, her spouse was wounded and captured as a prisoner of war (POW) in North Korea on 6 June 1952.  She would like the Purple Heart for their grandson.

3.  The applicant provides:

* DD Form 214
* a letter
* AFFE Form 548(OT) (Personal Data Sheet)
* Certificate of Death

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 enlisted in the Regular Army for 21 months and he entered active duty on 5 February 1951.  His DD Form 214 shows:

* he served in the infantry
* his most significant duty assignment (i.e., last duty assignment) was with Company B, 17th Infantry Regiment 

3.  His available records contain:

   a.  A page from the Korean War Casualty File which shows the FSM was captured in the North Korean Sector on 6 June 1952 and he was returned to military control on 29 August 1953;  

   b.  An undated questionnaire completed by the FSM presumably at the time of his repatriation in which he claimed to have been shot twice in the leg and once through the rear on 2 June 1952.  He further acknowledged he received an operation on his leg while in the POW camp due to an infection of the wound.
   
   c.  DA Form Number R-5695 (Medical Survey – Master Form Repatriated American Prisoner of War), dated 3 September 1953, which shows the FSM was examined by a naval medical officer who noted the FSM's medical history while in captivity indicated that he had received a wound to his left leg and he received an operation on his left leg and right wrist; 
   
   d.  DD Form 230 (Service Record), Section 17 (Indorsements), which show he was favorably considered for the Army Good Conduct Medal.  His character and efficiency ratings were either "excellent" or "unknown."  However, Section   18 (Report of Separation) failed to indicate a recommendation for award of the Army Good Conduct Medal; and 
   
   e.  DA Form 20 (Soldier's Qualification Card), item 32 (Qualifications in Arms) shows that on 2 March 1951 he qualified expert on the M-1 Rifle.

4.  He was honorably discharged on 5 November 1953 upon the expiration of his term of service.  His DD Form 214 further shows he completed 2 years,
9 months, and 1 day of active service of which 1 year, 8 months, and 13 days was foreign service.  


5.  His DD Form 214 shows in: 

* Item 3 (Grade-Rate-Rank and Date of Appointment) – sergeant (SGT) (T) 12 August 1952
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Korean Service Medal with one bronze service star, National Defense Service Medal, Combat Infantryman Badge, and the United Nations Service Medal 
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) – the entry "NA" (None)
* Item 38 (Remarks) no lost time and contains the entry, "POW from 7 Jun 52 to 28 Aug 53 incl"

6.  Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following:

	a.  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 the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

   b.  The POW Medal 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.  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, or 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.  For purposes of this medal, past armed conflicts are defined as World War I, World War II, Korean War, Vietnam Conflict, Grenada, Panama, Southwest Asia Conflict, and Somalia; and

	c.  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 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 evidence of record shows the FSM was captured by enemy forces in Korea and held in a POW status from 7 June 1952 to 28 August 1953.  Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award.

2.  There is sufficient evidence which shows the FSM sustained a wound to his left leg either during capture or while in captivity based on his repatriation medical examination.  Therefore, there is sufficient evidence to entitle the FSM to the Purple Heart. 

3.  The FSM served honorably during the period 5 February 1951 through 5 November 1953.  He attained the rank of SGT, served in the Korean War, was a POW, had no lost time, and received the Combat Infantryman Badge.  Absent derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award.

4.  He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence also indicates he qualified expert on the M-1 Rifle; therefore, he is entitled to correction of his record to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).








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.  awarding the FSM:

           (1)  the Purple Heart for a wound sustained in action in North Korea on 7 June 1952;

		(2)  the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 February 1951 through 5 November 1953; and
	
   b.  adding to item 27 of his DD Form  214 the Purple Heart, POW Medal, Army Good Conduct Medal (1st Award), Republic of Korea War Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).



      _______ _  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)                                         AR20140012503



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ABCMR Record of Proceedings (cont)                                         AR20140012503



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