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ARMY | BCMR | CY2001 | 2001055295C070420
Original file (2001055295C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 July 2001
         DOCKET NUMBER: AR2001055295

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Eric N. Andersen Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Correction of his records to show his combat service in Korea with Company C of the 65th Infantry Regiment. Based on a 14 May 1997 letter attached to his application, the applicant is specifically requesting a second bronze service star to be worn on his Korean Service Medal to show that he “served in the Korean conflict on two different occasions with the 3rd Div. [3rd Infantry Division] and the 187th ABN RCT” [187th Airborne Regimental Combat Team].

APPLICANT STATES: In an attachment to his application, that he was assigned to Company C of the 65th Infantry Regiment in May 1953 and was reassigned to the 187th Airborne Regimental Combat Team in June or July 1953. He contends that a soldiers’ deposit receipt which he provided shows that he was assigned to Company C of the 65th Infantry Regiment.

In support of his application, the applicant provided a copy of a 3 September 1999 letter to the National Personnel Records Center requesting verification of his service with the 65th Infantry Regiment, a copy of a 21 May 1999 letter to the U.S. Army Reserve Personnel Center providing a chronology of his service, a 14 August 1997 letter to the U.S. Army Reserve Personnel Center requesting award of two bronze service stars to be worn on his Korean Service Medal in view of his service with the 65th Infantry Regiment and 187th Airborne Regimental Combat Team; a copy of U.S. Army Pacific Personnel Center Letter Orders 4-99, dated 27 April 1953, assigning the applicant to Camp Drake, Japan, effective 4 May 1953; a copy of Receipts for Soldiers’ Deposit, dated 7 and 8 June 1953 on the letterhead of Company C of the 65th Infantry Regiment; and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a date of separation of 21 December 1954.

EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he enlisted for three years and entered active duty on 15 January 1952. The applicant’s DD Form 214 shows that he completed two years, two months and six days of overseas service during his enlistment. The applicant was honorably discharged on 21 December 1954 and transferred to the U.S. Army Reserve.

The applicant’s DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows award of the Parachutist Badge, the United Nations Service Medal, the Combat Infantryman Badge based on 187th RCT Special Order Number 188, the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, and the Korean Service Medal with one bronze service star.

There are no service personnel records which show the units, dates and locations of the applicant’s overseas service. However, the applicant has provided Receipts for Soldiers’ Deposit which show that he was a member of Company C of the 65th Infantry on 7 and 8 June 1953. The applicant’s discharge document shows that he was a member of the 187th Airborne Regimental Combat Team during combat in Korea based on award of the Combat Infantryman Badge.

In his 21 May 1999 letter, the applicant states that he was assigned to Company C of the 65th Infantry Regiment in May 1953 and that he was reassigned to the 187th Airborne Regimental Combat Team in June or July of 1953.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal which includes the Korean Service Medal.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register, dated 6 July 1961) shows, among other information, campaign credit awarded to units during the Korean War. This document shows the 65th Infantry Regiment received credit for one campaign during the period May and June 1953. This campaign is designated in Army Regulation 600-8-22 as the “Korea, summer 1953” campaign which started on 1 May 1953 and ended on 27 July 1953.

Department of the Army Pamphlet 672-1 also shows that the 187th Airborne Regimental Combat Team received credit for the “Korea, summer 1953” campaign during the period June-July 1953.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There are no service records available to the Board, and the applicant has provided no records, which show the specific units, locations and dates of the applicant’s service in Korea.

2. The Board noted the applicant’s question in regard to award of two bronze service stars for his service in two different units in Korea.

3. The Board reviewed the evidence submitted by the applicant and the statement wherein he describes the chronology of his service in Company C of the 65th Infantry Regiment and 187th Airborne Regimental Combat Team in Korea. This self-authored chronology appears consistent with the evidence submitted by the applicant with his application.

4. The Board also noted that Department of the Army Pamphlet 672-1 and Appendix B of Army Regulation 600-8-22 show the only campaign credit awarded to the 65th Infantry Regiment during the period May and June 1953 was for the campaign identified as “Korea, summer 1953”.

5. The Board also noted that Department of the Army Pamphlet 672-1 and Appendix B of Army Regulation 600-8-22 show the only campaign credit awarded to the 187th Airborne Regimental Combat Team during the period June-July 1953 was for the campaign identified as “Korea, summer 1953”.

6. Based on the foregoing, the Board concluded:

         a. that the applicant was a member of Company C of the 65th Infantry Regiment in Korea for some period of time in June 1953;

         b. that the applicant was a member of the 187th Airborne Regimental Combat Team in Korea for some period of time in June and July 1953;

         c. that bronze service stars are awarded based on the campaigns in which a soldier serves, not the number of units to which a soldier is assigned;

         d. that the units to which the applicant was assigned during the period May 1953 through July 1953 received campaign credit for only the Korea, summer 1953 campaign; and

         e. that participation in only one campaign entitles a soldier to only one bronze service star to be worn on the appropriate service medal.

7. In view of the forgoing, the Board determined that the applicant’s DD Form 214 which shows award of the Korean Service Medal with one bronze service star is correct as currently constituted. Therefore, he is not entitled to correction of his records to show the Korean Service Medal with two bronze service stars.

8. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

9. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RVO__ __HOF__ __ENA___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001055295
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010726
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY MR CHUN
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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