PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 September 2001
         DOCKET NUMBER: AR2001057827


         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:

Mr. Raymond J. Wagner		Chairperson
Mr. Kenneth W. Lapin		Member
Ms. Paula Mokulis		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Commendation Medal, the Good Conduct Medal, the Presidential Unit Emblem (known as the Distinguished Unit Citation until 3 November 1966), the National Defense Service Medal, the Korean Service Medal, the Combat Infantryman Badge and the United Nations Service Medal.

3. The applicant states, in effect, that until he received the DA Form 1577 (Authorization for Issuance of Awards), dated 13 May 2000, he was not aware he had been awarded these awards and decorations. In support of his application, he submits a copy of a DA Form 1577, dated 13 May 2000; an undated DA Form 1577 (Part A) and a copy of a Disabled American Veterans letter, dated 24 May 2001, from the Regional Office in Phoenix, Arizona.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
25 February 1952. He served with the 57th Field Artillery Battalion in Korea and was honorably discharged on 4 February 1954.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal, the Good Conduct Medal, the Presidential Unit Emblem, the National Defense Service Medal or the Combat Infantryman Badge as authorized awards.

6. The applicant’s DD Form 214 does show the Korean Service Medal with two bronze service stars and the United National Service Medal as authorized awards. Therefore, these portions of the applicant’s requests will not be discussed further in these Proceedings.

7. There is no evidence in the available records which shows the applicant was recommended for or awarded the Army Commendation Medal.

8. There is no evidence in the available records which shows the applicant was recommended for or awarded the Good Conduct 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 57th Field Artillery Battalion, did not receive the Distinguished Unit Citation while he was assigned to it.



10. There are no orders for award of the Combat Infantryman Badge in the available records.

11. The applicant provided a copy of a DA Form 1577, dated 13 May 2000, which shows the National Personnel Records Center determined that he was eligible for award of the Army Commendation Medal, the Good Conduct Medal, the Presidential Unit Emblem, the National Defense Service Medal and the Combat Infantryman Badge. The Board notes that in Item 5 (Award Code) on this DA Form 1577 there were three award code entries added after the entry “Nothing Follows” (Code 20 (Good Conduct Medal); Code 21 (Presidential Unit Emblem); and Code 16 (Army Commendation Medal)). The Board also notes that Code 46 (Combat Infantryman Badge) is circled in item 4 (Code Numbers for Awards) on this form.

12. The DA Form 1577, dated 13 May 2000, contained in the applicant’s personnel service records shows the National Personnel Records Center determined that he was eligible for award of the National Defense Service Medal, the Korean Service Medal with two bronze service stars and the United Nations Service Medal. There are no other award code entries shown in item 5 (Award Code) after the entry “Nothing Follows” and Code 46 (Combat Infantryman Badge) is not circled in item 4 (Code Numbers for Awards) on this form.

13. 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 30 September 1950 to 27 July 1953 by Department of the Army General Orders Number 22-56. This award is not shown on the applicant’s discharge document.

14. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. 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 period




is 3 years except in those cases when the period for the first award ends 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

17. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

18. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

CONCLUSIONS:

1. The Board reviewed the DA Form 1577 provided by the applicant which shows that award code entries for the Army Commendation Medal, the Good Conduct Medal and the Presidential Unit Emblem were added after the entry “Nothing Follows” in item 5 (Award Code). This DA Form 1577 also shows that the award code for the Combat Infantryman Badge is circled in item 4 (Code Numbers for Awards).

2. The Board also reviewed the DA Form 1577 contained in the applicant’s records which does not show entitlement to the Army Commendation Medal, the Good Conduct Medal, the Presidential Unit Emblem or the Combat Infantryman Badge.

3. Based on the foregoing, the Board determined that the DA Form 1577 provided by the applicant was altered subsequent to its issuance on 13 May 2000.

4. There is no evidence of record available to the Board which shows the applicant was recommended for or awarded the Army Commendation Medal. Therefore, the applicant is not entitled to award of the Army Commendation Medal.

5. There is no evidence of record available to the Board which shows the applicant was recommended for or awarded the Good Conduct Medal. Therefore, the applicant is not entitled to award of the Good Conduct Medal.

6. The applicant’s unit was not cited for award of the Distinguished Unit Citation while he was assigned to it. Therefore, the applicant is not entitled to award of this unit citation.

7. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

8. There is no evidence of record available to the Board which shows the applicant served as an infantryman assigned to an infantry unit engaged in active ground combat during the Korean conflict. Therefore, the applicant is not entitled to award of the Combat Infantryman Badge.

9. The applicant’s unit was cited for the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

10. 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 National Defense Service Medal 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:

RJW____ KWL___ PM______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond J. Wagner___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057827
SUFFIX
RECON
DATE BOARDED	20010920
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0069
2.	107.0092
3.	107.0000
4.
5.
6.