RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 2003    
	DOCKET NUMBER:   AR2003092399

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart with First Oak Leaf Cluster.

2.  The applicant states that his DD Form 214 does not show that he was awarded the Purple Heart with First Oak Leaf Cluster.

3.  The applicant provides Letter Orders, dated 8 February 1955, for award of the Purple Heart with First Oak Leaf Cluster.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 3 August 1954.  The application submitted in this case is dated 3 June 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 reconstructed records show the applicant was inducted on 4 November 1952.  He served as an infantryman in Korea, was held captive in a North Korean prison camp and was honorably discharged in the rank of corporal on 3 August 1954 after completing 1 year and 9 months of creditable active service with no days lost.  

5.  The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, the Bronze Star Medal with "V" Device, the United Nations Service Medal, and the National Defense Service Medal as authorized awards.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, "RT LEG-BACK (SHRAPNEL)." 
7.  The applicant provided Letter Orders, dated 8 February 1955, which show he received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 14 July 1953 in Korea.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.    

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

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

11.  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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

12.  The Department of Defense 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 submit a copy of their discharge paper (DD 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 DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no other evidence to show that the applicant was wounded twice, the Letter Orders which show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 14 July 1953 in Korea is sufficient to show he was awarded of the Purple Heart with First Oak Leaf Cluster.  

2.  Evidence of record shows the applicant was a prisoner of war during the Korean Conflict which entitles him to the Prisoner of War Medal.  

3.  The applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 4 November 1952 through 3 August 1954 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

BOARD VOTE:

MDM___  RJW___  ECP______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

	a.  showing that he was awarded the first award of the Good Conduct Medal for the period 4 November 1952 through 3 August 1954; and

b.  amending his DD Form 214 to show that he was awarded the Purple Heart with First Oak Leaf Cluster, the Prisoner of War Medal, and the first award of the Good Conduct Medal.

		___Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2003092399	
SUFFIX		
RECON		
DATE BOARDED	20031209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.