PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:                19 November 1998
	DOCKET NUMBER:        AC98-11277

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the dates that he was a prisoner of war.

3.  The applicant states that he was a prisoner of war from 18 May 1951 to 3 September 1953.  In support of his application, the applicant submits a copy of his DD Form 214 and a memorandum for record concerning a security evaluation for the period he was a prisoner of war in Korea.

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 16 March 1950.  He completed training as an infantryman and served in Korea.  The applicant was honorably discharged on 14 December 1953.

5.  The applicant’s DD Form 214 does not show the Prisoner of War Medal as an authorized award and does not indicate he was a prisoner of war or the dates he was a prisoner of war.

6.  Informal coordination with the Prisoner of War Branch of the Total Army Personnel Command reveals that the applicant was a prisoner of war of the Chinese from 18 May 1951 to 3 September 1953.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

8.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the unit of assignment, country and dates of capture and release will be entered in the “Remarks” of the DD Form 214.

CONCLUSIONS:

1.  The applicant was a prisoner of war; therefore, he is entitled to the Prisoner of War Medal and correction of his records to show this award.

2.  The applicant is entitled to correction of item 38 (Remarks) of his DD Form 214 to show “Prisoner of War, 38th Infantry Regiment, Korea, 510518-530903”.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the Prisoner of War Medal; and 

b.  by showing in item 38 (Remarks) of his DD Form 214 the entry “Prisoner of War, 38th Infantry Regiment, Korea, 510518-530903”.

BOARD VOTE:  

FNE_____  TAP____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON