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ARMY | BCMR | CY2001 | 2001056675C070420
Original file (2001056675C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 August 2001
         DOCKET NUMBER: AR2001056675

         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Ronald E. Blakely Member
Mr. Joe R. Schroeder 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: That the Republic of Korea Presidential Unit Citation be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES: In effect, that the Republic of Korea Presidential Unit Citation was omitted from his DD Form 214. The applicant provides a copy of his DD Form 214 in support of his application. He also indicated that he submitted orders with his application; however, these orders were not included with his application.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the Regular Army on 27 November 1979 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 11H (heavy anti-armor weapons crewman). He was honorably discharged on 17 November 1982 for immediate reenlistment and served in Korea from 29 October 1981 through 17 November 1983. The applicant was honorably discharged from active duty in the rank of corporal on 17 November 1985.

The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Republic of Korea Presidential Unit Citation as an authorized award.

Records show that the applicant was a member of the 1st Battalion, 23rd Infantry of the 2nd Infantry Division while assigned to Korea. There are no orders which show the applicant was awarded the Republic of Korea Presidential Unit Citation. There is also no evidence of record which shows that his unit was cited for award of the Republic of Korea Presidential Unit Citation during the period the applicant was a member of the 2nd Infantry Division.

Paragraph 9-25 of Army Regulation 600-8-22 (Military Awards) provides that the Republic of Korea Presidential Unit Citation is awarded by the Korean government.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the foreign unit awards received by U.S. Army units during the period 15 January 1973 to 29 January 1988. This document does not show that the applicant’s unit in Korea, 1st Battalion, 23rd Infantry of the 2nd Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation during the period of the applicant’s assignment in Korea.

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 is no evidence of record which shows that the applicant’s unit in Korea was cited for award of the Republic of Korea Presidential Unit Citation during his assignment in Korea; therefore, he is not entitled to the Republic of Korea Presidential Unit Citation or correction of his records to show this unit award.

2. 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.

3. 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

WTM____ REB_____ JRS_____ DENY APPLICATION



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




INDEX

CASE ID AR2001056675
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010814
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0092
2.
3.
4.
5.
6.


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