PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 September 2001
         DOCKET NUMBER: AR2001056484


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. John E. Denning		Member
Mr. Terry L. Placek		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.

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2. The applicant requests that his name be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); that item 12 (Last Duty Assignment and Major Command) be corrected to include the entries “7th Infantry Division” and “Korea”; that item 22c (Foreign and or Sea Service) be corrected to show the entry “Korea”; and that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show all the awards to which he is entitled, specifically, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the “Korean Defense Commemorative Medal”, the “Army Commemorative Medal”, the Combat Infantryman Badge, the Army Service Ribbon, and the Overseas Service Ribbon. In addition, the applicant made handwritten notes in item 25 (Education and Training Completed) of his DD Form 214 to indicate that he completed training as a tank driver, an armored personnel carrier (APC) driver, and a radio operator at Fort Lewis, Washington, and that he completed training as a truck driver in Korea.

3. The applicant states that his DD Form 214 needs to show his correct name, to show the country where he served, and to show all the medals to which he was entitled. He contends that he was paid combat pay when he was in Korea from 1969 to 1970 and that he needs his DD Form 214 to show the entry “Korea”. He states that he tried to get his veteran’s license plates for his car that reads “Korea”, but they would not sell them to him because his DD Form 214 does not show “Korea” on it. He further states that he was only given the National Defense Service Ribbon, the Armed Forces Expeditionary Medal, and the Combat Infantryman Badge in Korea. In support of his application, he submits a supplemental letter, a copy of his DD Form 214, and a Court Petition for Change of Name.

4. The applicant’s military records show that he was inducted in the Army on 10 July 1968. He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Korea from 8 September 1969 through 28 June 1970 and was honorably released from active duty on 29 June 1970.

5. The applicant’s DD Form 214, which is authenticated in his own hand, shows his name as “B_ _ _ _ _ _ _ _ _, R_ _ _ _ _ N_ _ _” in item 1 (Last Name, First Name, Middle Name). The applicant provided a copy of Petition for Change of Name, dated 22 September 1970, which shows that his name was officially changed from “R_ _ _ _ _ N_ _ _ B_ _ _ _ _ _ _ _ _” to “R_ _ _ _ _ N_ _ _
B_ _ _ II” on 22 September 1970.

6. Item 12 of the applicant’s DD Form 214 shows his last duty assignment and major command as “Company A, 1st Battalion, 32nd Infantry, Eighth Army”. His records contain 7th Infantry Division Special Orders Number 122, dated 2 May 1970, which reassigned him to the Separation Transfer Station in Fort Lewis, Washington. These orders show the applicant’s last duty assignment on the standard name line as “Company A, 1st Battalion, 32nd Infantry” and his major command and agency as the “Eighth U.S. Army”. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the 1st Battalion, 32nd Infantry was assigned to the 7th Infantry Division.

7. The applicant’s DD Form 214 shows he served 9 months and 22 days in the U.S. Army Pacific (USARPAC) command. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea while assigned to USARPAC in item 31 (Foreign Service).

8. The applicant’s DD Form 214 shows the National Defense Service Medal as an authorized award. His personnel records contain a DD Form 215 (Correction to DD Form 214), dated 11 September 1975, which shows entitlement to the Armed Forces Expeditionary Medal (Korea) and the Good Conduct Medal. Therefore, the National Defense Service Medal, the Armed Forces Expeditionary Medal and the Good Conduct Medal will not be discussed further in these Proceedings.

9. The Military Awards regulation does not list the “Korean Defense Commemorative Medal” as an authorized award. However, this regulation does authorize award of the Korean Service Medal. The Korean Service Medal is awarded for service during the Korean Conflict between 27 June 1950 and 27 July 1954. There is no indication that the applicant served in Korea during this period.

10. The “Army Commemorative Medal” is also not listed in the Military Awards regulation as an authorized award. This regulation does authorize award of the Army Commendation Medal. However, there are no orders in the applicant’s records which show he was awarded or that he was recommended for the Army Commendation Medal.

11. The applicant’s personnel records do not contain orders for award of the Combat Infantryman Badge. Records show he was awarded an infantry MOS and served with the 7th Infantry Division in Korea. There is no evidence of record which shows that the applicant performed his infantry duties during combat in Korea.

12. There is no evidence available to the Board which shows the applicant was awarded the Army Service Ribbon. There is also no indication in his records which show he had an Active Army status on or after 1 August 1981.

13. Records show the applicant served in Korea from 8 September 1969 through 28 June 1970. There is no evidence available to the Board which shows he was awarded the Overseas Service Ribbon. There is also no indication in his records which show he had an Active Army status on or after 1 August 1981.

14. There is no evidence of record available to the Board which shows the applicant completed training as a tank driver, an APC driver, a radio operator, a jeep driver, or a truck driver.

15. The Board noted that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 17 September 1950 to 27 March 1971 by Department of the Army General Orders Number 50, dated 1971.

16. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time in question directs that the service member’s last name, first name and middle initial will be entered in item 1 of the DD Form 214.

17. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time directs that the last duty assignment and major command will be entered in
item 12 of the DD Form 214.

18. Army Regulation 635-5, in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered in item 22c (Foreign and or Sea Service). The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

19. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

20. Special provisions exist for award of the Combat Infantryman Badge for soldiers who served in Korea subsequent to 4 January 1969. Under these provisions, soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay. The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty. The soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The soldier must be recommended personally by each commander in the chain of command and approved at the division level.

21. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

22. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

23. Army Regulation 635-5, in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it stated that item 25 (Education and Training Completed) will list service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. Records show the applicant’s name while he was on active duty was
“B_ _ _ _ _ _ _ _ _, R_ _ _ _ _ N_ _ _”. Evidence submitted by the applicant shows his name was not officially changed to B_ _ _ II, R _ _ _ _ _ N _ _ _ until after he was discharged from active duty. Therefore, there is no basis to correct the applicant’s name as shown in item 1 on his DD Form 214.

2. Evidence of record shows the applicant’s last duty assignment and major command prior to his separation was Company A, 1st Battalion, 32nd Infantry, 7th Infantry Division, Eighth Army. Therefore, item 12 of his DD Form 214 will be amended to show the entry “7th Infantry Division”. There is no basis to amend his DD Form 214 to show the entry “Korea” in item 12.

3. The Board noted the applicant’s contention that he was paid combat pay while he was in Korea; however, there is no evidence of record which shows he was authorized combat pay.

4. Evidence of record shows the applicant was assigned to the USARPAC command in Korea from 8 September 1969 through 28 June 1970 and his DD Form 214 properly reflects the entry “USARPAC” in item 22c. However, the Board determined that the applicant is entitled to correction of item 30 (Remarks) of his DD Form 214 to show the entry “Korea Service: Yes”.

5. The Board noted that there are no awards designated as the “Korean Defense Commemorative Medal” or the “Army Commemorative Medal”. The Board did consider that these medals may have been incorrectly identified by the applicant and looked for evidence of entitlement to the Korean Service Medal and the Army Commendation Medal. However, the Board found that the applicant was not entitled to either of these medals. Therefore, there is no basis for amending item 24 of the applicant’s DD Form 214 to show these awards.

6. There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge. Although the applicant was awarded an infantry MOS, there is no evidence of record which shows he performed his infantry duties during combat in Korea. Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Korea.

7. There is no evidence available to the Board which shows the applicant completed a period of qualifying service for award of the Army Service Ribbon. Therefore, there is no basis to grant the applicant award of the Army Service Ribbon.

8. Records show the applicant served in Korea from 8 September 1969 through 28 June 1970. Based on the governing regulation, the applicant did not serve a period of qualifying service for award of the Overseas Service Ribbon. Therefore, there is no basis for granting the applicant this service ribbon.

9. There is no evidence of record which shows the applicant completed training as a tank driver, an APC driver, a radio operator, or a truck driver; therefore, there is no basis for correcting item 25 of his DD Form 214 to show he completed these training courses.

10. Evidence of record shows that the applicant’s unit in Korea was cited for award of the Republic of Korea Presidential Unit Citation; therefore, his DD Form 214 will be amended to show this unit award.

11. 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 the individual concerned be corrected:

a. by amending item 30 (Remarks) of his DD Form 214 to show the entry “Korea Service: Yes”; and

b. by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show he was awarded 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:

FNE_____ TLP_____ JED____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056484
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010913
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	100.0100
2.	100.0000
3.	107.0000
4.
5.
6.