IN THE CASE OF:	

		BOARD DATE:	 24 March 2015 

		DOCKET NUMBER:  AR20140013590 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 28 October 1953 to show award of the Combat Infantryman Badge and the proper spelling of the Prisoner of War (POW) Medal.

2.  The applicant states:

* he should have been awarded a Combat Infantryman Badge for his service in Korea
* he served in combat as an infantryman in the 3rd Reconnaissance Company, 3rd Infantry Division
* the POW Medal is misspelled on his DD Form 215 (Correction to DD Form 214) for the period ending 28 October 1953

3.  The applicant provides:

* DD Form 214
* DD Form 215

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 records were destroyed in the National Personnel Records Center fire of 1973, thus are not available for review.  Incorporated herein by reference are military records which were summarized in the consideration of his application by the ABCMR in Docket Number AC98-06753, dated 3 June 1998, wherein he requested award of the Purple Heart.

3.  He completed a prior period of active duty service as a medium tank crewman and was separated on 26 July 1949.  He was called to active duty from the Enlisted Reserve Corps (now known as the U.S. Army Reserve) on 25 September 1950 and served in Korea.

4.  He was captured by Chinese forces on 25 April 1951 and held as a POW until his release on 19 August 1953.

5.  On 20 August 1953, he was interviewed as part of a standard repatriated American POW medical survey.  The psychiatric survey derived from the applicant's interview responses on that date lists information regarding his personal, military, captivity, and mental status.  Under the military heading, the applicant stated he returned to active duty on 25 September 1950; completed a refresher course at Camp Breckinridge, KY; and joined the 3rd Division in Japan on 20 October 1950.  He came over to Korea about 1 week later.  He was a rifleman for about 4 months and saw a lot of combat.  He was on a tank patrol of the main supply route when his tank was disabled by a road mine and tank crewmen were surrounded by many Chinese.  The lieutenant in the tank ran up a white T-shirt and the five tank crewmen were subsequently captured.

6.  On 28 October 1953, he was honorably discharged.  His DD Form 214 for this period shows in:

* item 5 (Qualifications) – no specialty number or symbol is listed
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Korean Service Medal with one bronze service star, United Nations Service Medal, and National Defense Service Medal
* item 28 (Most Significant Duty Assignment) – 3d Reconnaissance Company
* item 29 (Wounds Received as a Result of Action with Enemy Forces) – none

7.  There is no available evidence of record apart from the applicant's statements that show he was wounded as a result of hostile action with enemy forces, held an infantry MOS, or was assigned to an infantry unit.

8.  During his Department of Veterans Affairs (VA) physical examination, a scar was noted on his left leg and a VA radiology report, dated 25 January 1954, states:  "There's an irregular triangular-shaped metallic foreign body about 7 or 8 millimeters in its longest diameter between the head of the tibia and the fibula."  A VA Rating Decision, dated 19 February 1954, awarded him 10-percent service-connected disability for a wound to his left leg.

9.  On 3 June 1998, the Board awarded him the Purple Heart as an exception to regulatory guidance.  Although there was no evidence of record available to the Board showing the applicant was treated for wounds received as a result of hostile action, the VA medical evidence, obtained within 4 months of the applicant's repatriation as a POW and discharge from the Army, reflects he sustained a shrapnel wound to his left leg.

10.  The subsequent DD Form 215 issued to the applicant shows:

* item 27 – add:  Purple Heart//Republic of Korea Presidential Unit Citation//Good Conduct Medal//"Poisoner of War Medal"//Bravery Gold Medal of Greece//
* item 29 – delete:  None; add:  Korea 18 January 1951//
* item 38 (Remarks) – add:  POW 510425 to 530819 Korea 3d Reconnaissance Company 3d Infantry Division//Nothing Follows

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the basic requirements for award of the Combat Infantryman Badge are as follows:  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.  Specific requirements state an Army enlisted Soldier must have an infantry specialty and must have satisfactorily performed infantry duty while assigned or attached as a member of an infantry or ranger unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Combat Infantryman Badge and the proper spelling of the POW Medal was carefully considered.

2.  The POW Medal is recorded on his DD Form 215 for the period ending 28 October 1953 as "Poisoner of War Medal" which is clearly a misspelling.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 28 October 1953 to show the proper spelling of this medal.

3.  The applicant stated he served in combat as an infantryman with the 3d Reconnaissance Company.  Aside from his statement, there is no evidence of record showing he served as an infantryman satisfactorily performing infantry duties while assigned to an infantry unit engaged in combat.  His MOS is not listed on his DD Form 214 covering the period 25 September 1950 through 28 October 1953, but his MOS prior to his order to active duty was medium tank crewman.  Additionally, by the applicant's own admission, he was serving as a tank crewman when he was captured by Chinese forces.

4.  There is insufficient evidence to show he meets the requirements for award of the Combat Infantryman Badge.  Therefore, there is no evidentiary basis for adding this badge to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 28 October 1953 as follows:
* deleting "Poisoner of War Medal"
* adding "Prisoner of War Medal"
2.  The Board further determined 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 award of the Combat Infantryman Badge.



      _____________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)                                         AR20140013590



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ABCMR Record of Proceedings (cont)                                         AR20140013590



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