RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            05 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003092064

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Report of Separation) show that he was awarded the Purple Heart.  He also requests, in effect, that his      DD Form 214 show that he participated in 10 campaigns during the Korean War by indicating on that form award of 10 battle stars, i.e., the Korean Service Medal with 2 silver service stars (one silver service star being equivalent to 5 bronze service stars).  He also requests award of 2 oak leaf clusters; however, does not identify for what award or decoration.    

2.  The applicant states that he was awarded those decorations.  He earned them.  He was a prisoner of war (POW) for 904 days. 

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 22 January 1954.  The application submitted in this case is dated 19 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

4.  The applicant enlisted in the Army for three years on 16 July 1948.  His       DD Form 214 shows that he had 4 years, 10 months, and 25 days of foreign service, and 5 years, 6 months, and 4 days of total military service.  His most significant duty assignment was with the 1st Battalion, 34th Infantry Regiment in Korea.  He was discharged on 22 January 1954 at West Haven, Connecticut.  His DD Form 214 shows that his separation papers were prepared at Valley Forge Army Hospital and that he was held over 904 days beyond his normal separation date for the convenience of the government and hospitalization.  He was awarded the Occupation Medal of Japan, the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the National Defense Service Medal, and the United Nations Service Medal.  That form does not show award of the Purple Heart, nor does it indicate that he was wounded in action.     

5.  The applicant's records show that he was a prisoner of war from 20 July 1950 until 26 August 1953.  On 4 August 1988 the Army Personnel Center at St. Louis authorized the issuance to him of the POW Medal; however, because the award was not authorized until 1985, it is not reflected on his DD Form 214.  

6.  Information from hospital admission cards created by the Office of The Surgeon General show that the applicant was admitted to a hospital in Korea on 26 August 1953, with diagnoses of whipworm infection; tuberculosis, pulmonary, active, minimal; amebiasis, and caries, dental, unqualified.  The information shows the applicant's unit as the 34th Infantry Regiment, that he was a former POW, that he was evacuated to the United States, and that his place of final treatment was Valley Forge Army Hospital.  The information from those cards indicates that his medical conditions were non-battle. 

7.  A health record research project, commonly referred to as the "SGO (Surgeon General Office) Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  It is estimated that the SGO files document 95 percent of all hospitalized battle casualties from World War II and the Korean War.  Searches of these files show that the applicant was treated for certain medical conditions as indicated above; however, fail to show that the applicant was wounded or injured as a result of enemy action.

8.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

9.  The above-mentioned regulation provides for award of the Korean Service Medal for service in Korea between 27 June 1950 and 27 July 1954.  There were 10 designated campaigns during the Korean War.  The dates of the first campaign, United Nations Defensive, were 27 June 1950 through 15 September 1950.  The dates of the final campaign were 1 May 1953 through 27 July 1953.  One bronze service star is authorized for each campaign; however, prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.   
10.  The regulation provides for oak leaf clusters to denote award of second and succeeding awards of decorations and unit awards.   

11.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  The Unit Citation and Campaign Participation Credit Register shows that the 34th Infantry Regiment was awarded the Distinguished Unit Citation (now the Presidential Unit Citation) for its actions during the period 2 July 1950 through      15 September 1950, and the Republic of Korean Presidential Unit Citation for its actions during the period 2 July 1950 through 22 July 1950.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Heart for wounds he received in Korea, and that his military records should be corrected to show award of the Purple Heart, is noted; however, it finds insufficient evidence to support this claim.  Further, it wishes to clarify that the veracity of his contention is not in question.  However, based on the lack of evidence to satisfy the regulatory burden of proof necessary to award the Purple Heart, there is no basis to grant the requested relief.  This action is taken in the interest of fairness to all those who served in the Korean War and who faced similar circumstances. 

2.  The evidence indicates that the applicant participated in the first Korean War campaign prior to his capture by enemy forces and that he remained a prisoner of war throughout the remainder of the designated Korean War campaigns.  His DD Form 214 shows award of the Korean Service Medal with one bronze service star (designating participation in one campaign), however, because of his POW status, as indicated above, he is not entitled to any further campaign credit, e.g., the 10 battle stars he requests in his application.      

3.  An oak leaf cluster is issued to denote second and succeeding awards of decorations.  The applicant has not so identified an award or decoration.  Consequently, the issue will not be further addressed.  

4.  The applicant was a prisoner of war for more than three years.  His records should show award of the POW Medal. 

5.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

6.  The applicant is entitled to award of the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation.   

BOARD VOTE:

__FNE __  __JPI ___  __KAH__  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the POW Medal, the Army Good Conduct Medal, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

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 award of the Purple Heart and award of 2 silver service stars to the Korean Service Medal.  

		____Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003092064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040205	
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.