IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150010529 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150010529 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Awarding the applicant the Prisoner of War (POW) Medal for the period 23 February 1953 to 29 August 1953 and the Army Good Conduct Medal (AGCM) (1st Award) for the period 15 February 1952 through 22 October 1953. b. Adding to item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 – the POW Medal, the AGCM, the United Nations Service Medal, and Republic of Korea War Service Medal. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150010529 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (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 the Prisoner of War (POW) Medal. 2. The applicant states he was a POW from 23 February 1953 to 30 August 1953. He would like the Department of the Army to award him the POW medal. The POW medal was not issued until after his release from active duty. He would like the POW medal to be listed as an authorized medal so that it can be displayed on his grave marker. 3. The applicant provides a copy of his DD Form 214 and a Department of Veterans Affairs Rating Decision, dated 22 February 2010. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military personnel records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) in 1973. The records available to the ABCMR were provided in part by the applicant and some were obtained from alternate sources, which are sufficient for the Board to conduct a fair and impartial review of this case. 3. He was called to active duty on 15 February 1952. 4. His complete units of assignment and the exact dates of his assignments were not available for review; therefore, the exact date he arrived in Korea is not known. 5. His DD Form 214 shows in: * Item 3 (Grade-Rate-Rank and Date of Appointment) – sergeant first class (SFC) (T) 29 March 1953 * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Korean Service Medal with three bronze service stars, National Defense Service Medal, and the Combat Infantryman Badge * Item 38 (Remarks) no lost time and the entry, "POW from 23 Feb 53 to 29 Aug 53 inclusive dates" 6. The Korean Casualty File shows that the applicant was captured in the North Korea Sector on 24 February 1953 and returned to military control on 30 August 1953. REFERENCES: 1. Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides for the following: a. The POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict. For purposes of this medal, past armed conflicts are defined as World War I, World War II, Korean War, Vietnam Conflict, Grenada, Panama, Southwest Asia Conflict, and Somalia; and b. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. c. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. DISCUSSION: 1. The evidence shows the applicant was captured in Korea and held in a POW status from 23 February 1953 to 29 August 1953. Based on his POW status, he met the criteria for award of the POW Medal. His DD Form 214 does not show this medal. 2. He served honorably during the period 15 February 1952 through 22 October 1953. He attained the rank of SFC, served in the Korean War, was a POW, had no lost time, and received the Combat Infantryman Badge. Absent derogatory information on file that would have disqualified him, it appears he met the criteria for the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. His DD Form 214 does not show this award. 3. Although his exact dates of arrival to and departure from Korea are uncertain, he was held in a POW status from 23 February 1953 to 29 August 1953 which qualifies him for award of the United Nations Service Medal and the Republic of Korea War Service Medal. These awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010529 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010529 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2