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ARMY | BCMR | CY2001 | 2001056062C070420
Original file (2001056062C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001056062


         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:

Ms. Celia L. Adolphi Chairperson
Mr. Curtis L. Greenway Member
Mr. Donald P. Hupman 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 correction of his military records to show award of the Silver Star, a second bronze service star to be affixed to his Korean Service Medal, the American Defense Service Medal and a Presidential Unit Citation (formerly known as the Distinguished Unit Citation until 3 November 1966).

3. The applicant’s request for award of the Silver Star was addressed by separate correspondence to the applicant. Therefore, this issue will not be discussed further in these Proceedings.

4. The applicant states, in effect, that he is entitled to these awards. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter of explanation, dated
20 April 2001; and General Orders Number 21, dated 27 February 1953.

5. The applicant’s military records show that he was inducted on 25 October 1952. He served as a medic in Korea from 5 December 1951 through
5 August 1952 and was honorably discharged on 11 September 1952.

6. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Korean Service Medal with two bronze service stars, the American Defense Service Medal or the Distinguished Unit Citation as authorized awards.

7. A DD Form 215 (Correction to DD Form 214), prepared on 6 February 1981, amended the applicant’s DD Form 214 to show a second bronze service star to be affixed to his Korean Service Medal. Therefore, this portion of the applicant’s request for a second bronze service star will not be discussed further in these proceedings.

8. There is no evidence in the available records which shows the applicant served a period of qualifying service for award of the American Defense Service Medal.

9. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II and the Korean conflict. This document shows the unit to which the applicant was assigned, the 180th Infantry Regiment, 45th Infantry Division, received the Distinguished Unit Citation for actions during the period 13-15 June 1952 by Department of the Army General Orders Number 21-53.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the



Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1952 by Department of the Army General Orders Number 30-54. This award is not shown on his discharge document.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he is entitled to award of the American Defense Service Medal. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he served in the American Theater between 8 September 1939 and 7 December 1941. Therefore, the applicant is not entitled to award of the American Defense Service Medal.

2. Evidence of record shows that the applicant’s unit was cited for the Distinguished Unit Citation for actions during the period 13-15 June 1952 during the Korean conflict. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

3. Evidence of record shows that the applicant’s unit was also cited for the Republic of Korea Presidential Unit Citation for actions during the period
10 December 1951 to 31 July 1952 during the Korean conflict. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Distinguished Unit Citation and the Republic of Korea Presidential Unit Citation.







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

BOARD VOTE:

CLA____ CLG____ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Celia L. Adolphi_________
                  CHAIRPERSON




INDEX

CASE ID AR2001056062
SUFFIX
RECON
DATE BOARDED 20010911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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