IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150000738 


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 discharge documents to show he is authorized the Glider Badge and the Prisoner of War (POW) Medal.

2.  The applicant states he was awarded the Glider Badge in 1948 and he was taken prisoner at Kumi Re in 1950.

3.  The applicant provides a copies of a movement order for repatriated prisoners with an attached personnel list, his retirement orders and DD Forms 214 (Report of Transfer or Discharge) for periods of service ending August 1960 and May 1964.   

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests award of the POW Medal and addition of the Glider Badge to his discharge document. 

2.  Counsel states the applicant did not know a DD Form 215 (Correction to DD Form 215) could be issued. 

3.  Counsel provides no documents beyond those submitted by the applicant.  

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 served in the U.S. Navy during World War II.  He enlisted in the Regular Army in March 1947 and was discharged as a sergeant on 12 January 1950.  His WD AGO Form 53 (Enlisted Record and Report of Separation–Honorable Discharge) shows the Glider Badge as an authorized award.

3.  He reenlisted in the U.S. Army on 19 January 1950 and served nearly continuously on active duty through a series of five enlistments.  

4.  Correspondence and other documents in the applicant’s official military personnel file (OMPF) show that, while serving with Headquarters and Headquarters Company (HHC), 2nd Engineer Battalion (Combat), 2nd Infantry Division in Korea, he was captured by Chinese Communist Forces on 30 November 1950 and returned to U.S. military control on 1 September 1953.

5.  A memorandum dated 23 July 1954 in the applicant’s OMPF shows he was suspected of violating the Code of Conduct while a POW.  Army officials at the time recommended his discharge from the service for the following reasons:

* he was believed to have been an informer for the enemy
* he was a Progressive and had Communist leanings
* he made frequent voluntary visits to camp officials
* he received preferential treatment
* he wrote propaganda articles for the enemy

6.  On 8 November 1954, a board was convened and heard testimony concerning the applicant’s alleged misconduct while a POW.  During a closed session and by secret ballot the board only found the applicant wrote propaganda articles for the enemy while under duress.  He was found to be in compliance with the Code of Conduct and was retained on active duty. 

7.  He served continuously until his honorable retirement based on permanent disability on 13 May 1964.  He was retired in the rank of first sergeant in pay grade E-8.   

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing discharge documents. It includes item by item instructions for completing the DD Form 214, these include:

   a.  instructions in effect during the applicant’s entire period of active duty service that specified the listing of only those awards received during the specific period of service covered by that particular document; and
   
   b.  directions 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.

9.  Army Regulation 600-8-22 (Military Awards) states the POW Medal was authorized on 8 November 1985 and is awarded to members of the U.S. Armed Forces who in past armed conflicts were taken prisoner or held captive after 5 April 1917 while engaged in an action against the enemy of the United States or while engaged in military operations involving conflict with an opposing foreign force.  Any person convicted of misconduct or a criminal charge by a U.S. military tribunal or who receives less than an honorable discharge based on actions while a POW or whose conduct was not in accord with the Code of Conduct, and whose actions are documented by U.S. military records are ineligible for the medal. 

DISCUSSION AND CONCLUSIONS:

1. The applicant requests issuance of correction(s) to show the Glider Badge and the POW Medal on his discharge document(s). 

2.  The Glider Badge is shown on his 12 January 1950 WD AGO Form 53.  By regulation, only those awards received during a specified period of service should be displayed on the discharge document.  Therefore, the Glider Badge does not belong on any subsequent DD Form 214s issued after this period of service and no further corrections are required by regulation.   

3.  The applicant was captured by Communist Chinese Forces in Korea on 30 November 1950 and returned to U.S. military control on 1 September 1953.  He was accused of and found to assist the enemy under duress by writing propaganda while held captive.  He was ultimately retained by a board and served honorably until his retirement for permanent disability in 1964.  Thus, it would be appropriate at this time to enter his POW status to the Remarks section (item 32) of his DD Form 214 with a separation date of 6 August 1960 and correcting his record to show the POW Medal. 

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 POW Medal and adding it to his 6 August 1960 DD Form 214; and 
   
   b.  entering in item 32 of that DD Form 214 the remark, "HHC, 2nd Battalion Engineer (Combat), 2nd Infantry Division; Korea; POW from 30 November 1950 to 1 September 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 adding the Glider Badge to any other discharge document.  



      _______ _   _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)                                         AR20150000738



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ABCMR Record of Proceedings (cont)                                         AR20150000738



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