PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           10 OCTOBER 2002                   
	DOCKET NUMBER:   AR2002070802

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 that his records be corrected to reflect that he was separated in the rank of corporal (pay grade E-4), that his time as a prisoner of war be reflected on his separation document, and that his entitlement to the Prisoner of War Medal also be added to his separation document.  In support of his request he submits a copy of his separation document and a newspaper article documenting his release from captivity in Korea.

3.  The applicant's records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis.  Information contained herein was reconstructed from alternative sources, including information contained on his 1954 separation document.

4.  The applicant served an initial period of active duty between January and April 1947 and returned to active duty on 14 March 1951.  He was assigned to the 7th Regiment of the 1st Cavalry while in Korea and was captured by enemy forces on 6 November 1951.  According to information contained on his separation document, he was promoted to pay grade E-3 (private first class) on 6 December 1951.  The applicant returned to military control on 21 August 1953 and on 
13 March 1954 was honorably discharged in pay grade E-3.  

5.  In July 1990 officials at the Army Reserve Personnel Center authorized issuance of the Prisoner of War Medal.  There is, however, no indication that the award was ever added to his separation document.

6.  Army Regulation 635-5, then in effect, provided for specific comments in the remarks section of an individual's separation report.  Information regarding time as a prisoner of war was not specifically identified as one of the comments authorized.  However, the regulation did provide for entries "specifically authorized by the Department of the Army."

7.  During World War II enlisted soldiers below the grade of master sergeant who had been absent from military control, under honorable conditions, for eighteen months or longer in a prisoner of war status, and had not received a one grade promotion since returning to military control, could be advanced one grade by their immediate commander.  There is, however, no indication those provisions were extended to the Korean War era.  There is no evidence available to the Board which indicates the applicant was ever recommended for, or promoted to the rank of corporal prior to his separation from active duty.

8.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award to eligible United States veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to the veterans.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must provide a copy of their discharge paper (Department of Defense Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his separation document.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954.

CONCLUSIONS:

1.  The evidence confirms that the applicant was entitled to the Prisoner of War Medal and the National Defense Service Medal.  His records should be corrected accordingly.

2.  Although there were no specific provisions for including information on an individual's separation document concerning their prisoner of war status, the Board concludes that information is relevant to an individual's record of service and may affect future entitlements for which the separation document serves as evidence or justification.  As such, the Board concludes that it would be appropriate, and in the interest of justice, to include information in the remarks section of his separation document to show that he was a prisoner of war between 6 November 1951 and 21 August 1953.

3.  Although soldiers who were prisoners of war for more than 18 months during World War II were routinely advanced one grade following their release, no such provisions were in place during the Korean War era.  The Board notes that the applicant was promoted one grade within one month of captivity and that he served on active duty for approximately 7 months following his release from captivity in August 1953.  The Board concludes that if the applicant had been recommended for promotion subsequent to his release from captivity, there was sufficient time, prior to his separation to accomplish that action.  In the absence of more conclusive evidence that the applicant was recommended for promotion the Board finds insufficient evidence to promote the applicant now.

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

RECOMMENDATION:

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

a.  by showing that the individual concerned is entitled to the Prisoner of War Medal and the National Defense Service Medal; and

b.  by showing in the remarks section of his 1954 separation document that he was a prisoner of war between 6 November 1951 and 21 August 1953.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RJW__  __RWA__  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070802	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.