PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 August 2003
	DOCKET NUMBER:   AR2003088317

	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. Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 he be awarded the Purple Heart.

3.  The applicant states, in effect, that while involved in combat action in Korea, he was blown up and unconscious as his unit was overrun.  He received superficial wounds of a concussion and hearing loss.  He later became a Prisoner of War (POW).

4.  The applicant’s military records show that he entered active duty on 5 July 1950 and received a military occupational specialty of Field Illumination Crewman.  He served several tours oversees, to include Korea (10 November 1950 to 17 August 1953) and two tours in Vietnam (8 July 1965 to 18 July 1966 and 9 September 1970 to 8 September 1971).  During his assignment in Korea, the applicant was captured by the enemy and held in a POW status from 12 February 1951 to 9 August 1953.  The applicant continued to serve until he retired from active duty with an honorable characterization of service on 30 June 1977.  His highest grade level was E7.

5.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

6.  The applicant's name is listed on the Korean Casualty Roster with a casualty description of "Captured-returned to military control".  There is no record in the roster that he was wounded or treated for wounds as a result of hostile action.

7.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states "None".  Additionally, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the POW award nor campaign credit in Korea or Vietnam.

8.  Army Regulation 600-8-22 provides, in pertinent part, 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.  During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act (NDAA) of 1996, Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

10.  The Board noted that the applicant is eligible for awards not shown on his DD Form 214.

11.  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.

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows that the applicant was assigned to the 503d Field Artillery Battalion, 2nd Infantry Division, prior to his status as a POW, when it was cited for campaign participation (CCF Intervention and First UN Counteroffensive).

14.  Item 39 (Campaigns) of his DA Form 20 lists four campaigns in which the applicant served during his service in Vietnam.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or item 39 of the DA Form 20.  The regulation states that authorized bronze service stars will be worn on the appropriate service medal.

16.  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.

17.  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.

CONCLUSIONS:

1.  The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim.  The Board also reviewed the available service personnel records.

2.  The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Additionally, the Board noted that the applicant did not correct his official military records to reflect a Purple Heart in over twenty-two years of service in the active Army after his alleged wounding.

3.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not wounded and was not entitled to the Purple Heart.

4.  The Board considered the applicant's contention that he received superficial wounds of a concussion and hearing loss during combat and that he later became a POW.  This statement does not verify that the applicant required medical treatment for wounds received as a result of hostile action and the medical treatment was not a matter of official record.  Therefore his statement is not sufficient, by itself, as a basis for award of the Purple Heart.

5.  In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  The Board noted that the applicant was a POW from 12 February 1951 to 9 August 1953.  Therefore, he is entitled to correction of his records to show the POW Medal.

7.  The Board noted that the applicant is entitled to correction of item 27 (Remarks) of his DD Form 214 to show “Prisoner of War, 503d Artillery Battalion, 2d Infantry Division, Korea, 510212-530809”.

8.  Evidence of record shows the applicant served in two campaigns during his service in Korea.  Therefore, he is entitled to correction of his records to show the Korean Service Medal with two bronze service stars.

9.  Evidence of record shows the applicant served in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with four bronze service stars.

10.  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 by showing the individual concerned was awarded the Prisoner Of War Medal, Korean Service Medal with two bronze stars and the Vietnam Service Medal with four bronze stars.  Also, item 27 (Remarks) of his DD Form214 will be corrected to show the entry " Prisoner of War, 503d Artillery Battalion, 2d Infantry Division, Korea, 510212-530809".

2.  That so much of the application as pertains to award of the Purple Heart is denied.

BOARD VOTE:  

_LLS___  CLG_____  _RJW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________LLS_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088317	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.