PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2001051162

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

	The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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, in effect, that the Prisoner of War (POW) medal be added to his record. 

3.  The applicant states, in effect, that he was held prisoner by the Chinese for five days during the Korean War but the POW Medal was never included in his record.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 23 August 1948 and served on active duty for 3 years and 8 months until being honorably discharged on 23 April 1952. 

5.  The Department of Defense (DD) Form 214 (Report of Separation from the Armed Forces of the United States) also shows that on the date of his separation he held the rank of corporal and had accrued 9 months and 7 days of foreign service.  It also shows that during his tenure on active duty he had earned the Korean Service Medal (KSM), Good Conduct Medal, and Purple Heart.  

6.  The evidence of record contains a War Department (WD) Adjutant General Form 8-34 (Abbreviated Clinical Record), dated 21 February 1952, which contains an entry that confirms that the applicant sustained a wound to the right thigh on 12 February 1951 and that he was subsequently taken prisoner by the enemy (Chinese) and held for five days until being released on 17 February 1951.  

7.  The record also contains a notarized affidavit completed by the applicant on 27 February 1951, at the 8th Station Hospital in Korea that supports the information in the WD AGO Form 8-34.  In this statement, the applicant attests to the facts and circumstances surrounding his being captured by Chinese forces on 13 February 1951 and being held as a POW for five days until being released on 17 February 1951. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-9 indicates that the POW Medal was authorized by law in 1985 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.   

9.  Paragraph 9-12 contains the criteria for awarding the United Nations Service Medal (UNSM).  It states, in pertinent part, that any member who served within the territorial limits of Korea during the period between 27 June 1950 and 27 July 1954, inclusive, are authorized to receive the UNSM.  It further indicates that any member awarded the KSM is automatically eligible for the UNSM.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that the POW medal should be added to his record and finds this claim has merit. 

2.  The available evidence, in the form of a WD AGO Form 8-34 and an accompanying notarized affidavit from the applicant confirm he was held a POW from 13 to 17 February 1951.  Thus, the Board finds it would be appropriate to codify this POW status in his separation document and to award him the POW Medal accordingly.

3.  In addition, during its review of this case, the Board determined that the applicant was also entitled to the UNSM based on his Korean service.  Thus, even though the applicant did not request this award, the Board concludes is would be appropriate to add this earned award to his record at this time. 

4.  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 by codifying the time spent by the individual concerned in a POW status from 
13 to 17 February 1951, awarding him the POW Medal accordingly, awarding him the UNSM for his Korean service, and by issuing him a correction to his separation document that reflects these changes.

BOARD VOTE:  

___tb ___  ___js ___  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001051162	
SUFFIX		
RECON		
DATE BOARDED	2001/04/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/04/23	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  75	107.0029	
2.		
3.		
4.		
5.		
6.