PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001057185


         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. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lester Echols		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 correction of his records to show award of the Korean Service Medal with four bronze service stars, the Meritorious Unit Emblem or Citation (currently known as the Meritorious Unit Commendation), the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Purple Heart, and the Bronze Star Medal.

3. The applicant states that he has not received certain medals or written recognition for medals awarded to his unit during the Korean War. He states that some of the medals were awarded after his unit had left Korea. He also states that he has only one medal listed on his separation form and that is incorrect. He contends that he should have four “campaign stars” shown on his discharge document instead of three “campaign stars”. In support of his application, he submits three discharge documents, a letter from the Review Boards Agency, Support Division in St. Louis, a letter of explanation, an unofficial history of his unit in Korea, a copy of envelopes from Korea, a DA Form 1577 (Authorization for Issuance of Awards), and a DA AGO Form 145 (Army Extension Courses Application for Enrollment).

4. 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 initially served in the Army Air Force from 11 August 1945 to 8 April 1947. The applicant also served in the Missouri National Guard from 22 June 1948 to 11 July 1949. He enlisted in the U.S. Army Reserve (USAR) on 1 August 1949 and completed training as a military policeman. He was ordered to active duty on 17 October 1950 and
was assigned to Korea. The applicant was released from active duty on 19 November 1951.

5. The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 19 November 1951, does not show the Korean Service Medal with four bronze service stars, the Meritorious Unit Commendation, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Purple Heart or the Bronze Star Medal as authorized awards.

6. The applicant’s DD Form 214, with an effective date of 19 November 1951, only shows entitlement to the Korean Service Medal with three bronze service stars.

7. There are no records available to the Board which show the exact dates in which the applicant served during the Korean conflict. His DD Form 214, with an effective date of 19 November 1951, shows he served 11 months and 11 days of foreign service in item 26 (Foreign and/or Sea Service).

8. The applicant’s medical records from the Department of Veterans Affairs indicate that he was assigned to the 772nd Military Police Battalion in Korea on 17 July 1951 and 17 September 1951. The applicant provided a copy of an envelope for a letter mailed by him from Korea to the United States which is post marked 1 October 1951.

9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit received campaign credit for the Chinese Communist Forces Intervention (3 November 1950– 24 January 1951), the First United Nations Counteroffensive (25 January-21 April 1951), the Chinese Communist Forces Spring Offensive (22 April-8 July 1951), and the United Nations Summer-Fall Offensive (9 July-27 November 1951).

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit, to which the applicant was assigned, 772nd Military Police Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 8 October 1950 to 5 September 1951 by Department of the Army General Orders Number 47, dated 1952.

11. There is no evidence available to the Board which shows the applicant was awarded the Good Conduct Medal. Also, there is no indication in the available records that the applicant’s chain of command disqualified him from receiving award of the Good Conduct Medal.

12. The applicant provided a copy of a DA Form 1577, dated 4 December 1999, which shows he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar. There is no evidence available to the Board which shows he qualified as an Expert with the rifle.

13. There are no orders in the available records which show that the applicant was awarded the Purple Heart. There also is no evidence which shows he was wounded or treated for wounds as a result of hostile action. The applicant submitted a letter of explanation, dated 20 December 2000, in support of his claim for award of the Purple Heart. In this letter, the applicant states that, “I had been showered with wood splinters in an unfriendly meeting with a group of enemy guerillas.” He continues to state that he was rushed to a Mobile Army Surgical Hospital (MASH) where he received shots every four hours for about four to six days. The applicant also states that the doctor that treated him recorded his injuries as “non specific lymphangitis (blood poisoning)”, “not battle wound”. The applicant’s medical records from the Department of Veterans Affairs show that he was treated on 17 September 1951 for lymphangitis to the right arm.

14. There are no orders in the available records which show that the applicant was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

15. The Board noted that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation and the United Nations Service Medal which are not shown on his discharge document.

16. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit, to which the applicant was assigned, 772nd Military Police Battalion, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 33, dated 1953.

17. The DA Form 1577, dated 4 December 1999, submitted by the applicant, also shows he was authorized award of the United Nations Service Medal.

18. Army Regulation 600-8-22, 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.

19. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This qualifying period is 3 years. However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

20. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

22. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

23. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

CONCLUSIONS:

1. Based on the evidence available, the Board concluded that the applicant served in Korea for approximately 11 months during the period November 1950 through October 1951.

2. Although the applicant was awarded the Korean Service Medal with three bronze service stars, evidence of record shows he received credit for participation in four campaigns during his tour in Korea. Therefore, the applicant is entitled to one additional bronze service star to be affixed to the Korean Service Medal and correction of his DD Form 214, with an effective date of 19 November 1951, to show the Korean Service Medal with four bronze service stars.

3. While the applicant was assigned to the 772nd Military Police Battalion, this unit was cited for award of the Meritorious Unit Commendation. Therefore, the applicant’s DD Form 214, with an effective date of 19 November 1951, will be amended to show the Meritorious Unit Commendation.

4. Evidence of record shows the applicant served a period of active duty from 11 August 1945 and 12 May 1946.

5. Notwithstanding the applicant’s service during World War II, the Board determined that his first period of qualifying service for award of the Good Conduct Medal occurred during his service from 17 October 1950 through 19 November 1951. There is no evidence available to the Board which shows the applicant was disqualified for award of the Good Conduct Medal for the period 17 October 1950 through 19 November 1951. Therefore, the applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 17 October 1950 to 19 November 1951 ending with termination of a period of Federal military service.

6. Evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar; however, there is no evidence available to the Board which shows he qualified as Expert with the rifle. Therefore, there is no basis for correcting the applicant’s records to show the Expert Marksmanship Qualification Badge with Rifle Bar.

7. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart. In the statements submitted by the applicant in support of his claim for award of the Purple Heart, he contends that he received wounds from wood splinters. However, there is no evidence which shows he sustained these wounds as a result of hostile action against the enemy. Therefore, there is no basis for granting the applicant award of the Purple Heart.

8. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding him the Bronze Star Medal.

9. The applicant was assigned to the 772nd Military Police Battalion when it was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his records to show this unit award.

10. Evidence submitted by the applicant shows he was awarded the United Nations Service Medal. Therefore, his DD Form 214, with an effective date of 19 November 1951, will be amended to show this 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 deleting the Korean Service Medal with three bronze service stars from item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, with an effective date of 19 November 1951; and

b. by showing he was awarded the Korean Service Medal with four bronze service stars, the Meritorious Unit Commendation, the first award of the Good Conduct Medal for the period 17 October 1950 through 19 November 1951, the Republic of Korea Presidential Unit Citation, and the United Nations Service Medal.

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

BOARD VOTE:

JNS_____ LE_____ REB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057185
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010925
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.	107.0056
2.	107.0108
3.	107.0034
4.	107.0015
5.	107.0014
6.