PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           21 October 2003
	DOCKET NUMBER:  AR2003089802

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 that during the Korean Conflict he was captured on 29 April 1951 by Chinese forces and was held captive as a prisoner of war (POW) until he was repatriated on 5 August 1953.  He goes on to state that during the period of his captivity he was deprived of basic needs and was subjected to a variety of conduct not in accordance with the Geneva Convention. As a result of the prolonged deprivation, he was retired at separation and was awarded disability compensation. 

4.  The applicant’s military records show that he enlisted on 23 September 1948, received his basic combat training at Fort Dix, New Jersey, and his advanced individual training (AIT) as a radio operator at Camp Gordon, Georgia.  He completed his AIT and was transferred to Fort Hood, Texas, in October 1949, where he remained until he was transferred to the Far East Command (FECOM) on 20 July 1950.  He arrived at Pusan, South Korea, on 7 August 1950 and was captured as a prisoner of war on 25 April 1951.

5.  He was repatriated on 27 August 1953 and was returned to the United States and hospitalized.  He was diagnosed with amblyopia, nutritional bilateral and neuropathy, multiple secondary to nutritional deficiency.  He appeared before a physical evaluation board (PEB) and was subsequently placed on the temporary disability retired list (TDRL) on 28 February 1954.

6.  A PEB again evaluated the applicant in 1957 and determined that he should be placed on the permanent disability retired list (PDRL) effective 31 July 1957. 

7.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  In many cases, injuries received while a POW may qualify if evidence is available to show that the injuries/wounds were deliberately inflicted by captors. 

8.  That same regulation also provides that the POW Medal is authorized by Public Law 99-145, section 1128, title 10, United States Code, 8 November 1985, and is authorized for any person who, while serving in any capacity with the United States Armed Forces, was taken prisoner and held captive after 5 April 1917.

9.  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 Korea 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.

10.  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 with his copy of these proceedings.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214

CONCLUSIONS:

1.  Although the evidence of record does show that the applicant was medically retired subsequent to his repatriation, the evidence of record describing his disabilities does not rise to the level to qualify for award of the Purple Heart.

2.  However, the applicant does qualify for award of the POW Medal and the Board finds that it would be in the interest of justice to award it at this time.

3.  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 awarding the individual concerned the POW Medal for the period of 25 April 1951 through 27 August 1953.

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

BOARD VOTE:  

__mm___  __fcj____  __wdp___  GRANT AS STATED IN RECOMMENDATION
________  ________  ________  GRANT FORMAL HEARING
________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089802	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  309	130.0000/POW MDL	
3.		
4.		
5.		
6.