PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2001
         DOCKET NUMBER: AR2001058643


         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. Margaret K. Patterson		Chairperson
Ms. Karol A. Kennedy		Member
Mr. Richard T. Dunbar		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, in effect, correction of his military records to show award of the Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the Korean War Service Medal, the Republic of Korea Presidential Unit Citation, the Army of Occupation Medal for Korea, the Armed Forces Reserve Medal, the United Nations Medal and the United Nations Service Medal.

3. The applicant also requests that the “Korean Presidential Unit Citation Commemorative Medal”, the “50th Anniversary Korean Defense Commemorative Medal”, the “U.S. Army Commemorative Medal”, the “National Guard and Reserve Commemorative Medal”, the “Combat Service Commemorative Medal” and the “Overseas Service Commemorative Medal” be shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

4. The applicant’s request for the Korean War Service Medal was addressed by separate correspondence to the applicant. Therefore, this issue will not be discussed further in these Proceedings.

5. The applicant states, in effect, that he was wounded in Korea on 3 August 1951, that he served as an infantryman in combat and participated in three campaigns in Korea, that he served in the Enlisted Reserve Corps (ERC) for five years and that his unit was awarded the Republic of Korea Presidential Unit Citation on three separate occasions. In support of his application, he submits a copy of his DD Form 214 and a letter of explanation, dated 8 April 2001, with six enclosures listed on an attachment sheet.

6. 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
30 November 1950. He served as a light weapons infantryman in Korea and was honorably released on 29 August 1952 and transferred to the ERC for a period of 5 years.

7. The applicant’s DD Form 214 does not show the Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the Republic of Korea Presidential Unit Citation, the Army of Occupation Medal, the Armed Forces Reserve Medal or the United Nations Medal as authorized awards.

8. The applicant’s DD Form 214 does show the Korean Service Medal with one bronze service star and the United Nations Service Medal as authorized awards. Therefore, this portion of the applicant’s request for award of the United Nations Service Medal will not be discussed further in these Proceedings.

9. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows that he was wounded in action on 3 August 1951 in Kusong, North Korea.

10. Item 5 (Specialty Number or Symbol) on the applicant’s DD Form 214 shows the entry “1745” [light weapons infantryman].

11. There is no evidence in the available records which shows the applicant’s inclusive dates of service in Korea.

12. 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, the 5th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 31 July 1950 to 27 July 1953 by Department of the Army General Orders Number 49-54.

13. The applicant’s DD Form 214 shows that he was transferred to the ERC on 29 August 1952 for a period of five years. There is no evidence in the available records which shows the applicant served 10 years in the ERC.

14. There is no evidence in the available records which shows the applicant met the qualifications for award of the United Nations Medal.

15. The six commemorative medals discussed in paragraph 3 are not shown in the Manual of Military Decorations and Awards or Army Regulation 600-8-22 (Military Awards) as authorized decorations.

16. Army Regulation 600-8-22 (Military Awards) 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.

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.

19. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954. This regulation, 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.

20. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.

21. Army Regulation 600-8-22, in pertinent part, provides for award of the Armed Forces Reserve Medal (AFRM). It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. The conditions for award of the AFRM include requirements for such service to be completed within
12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.

22. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the United Nations Medal. This medal is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; or the United Nations Security Forces, Hollandia.




CONCLUSIONS:

1. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. However, his DD Form 214 does show that he was wounded in action on 3 August 1951 in Kusong, North Korea. Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart.

2. The applicant is entitled to award of the National Defense Service Medal for his honorable service from 30 November 1950 through 29 August 1952. Therefore, he is entitled to correction of his military records to show this award.

3. The applicant’s DD Form 214 shows he served as a light weapons infantryman and was wounded in combat in Korea. Therefore, the applicant is entitled to correction of his military records to show award of the Combat Infantryman Badge.

4. The Board considered the applicant’s contention that he participated in three campaigns during his service in Korea. However, there is no evidence of record which shows the applicant’s inclusive dates of service in Korea. Based on the foregoing, the Board is unable to determine the number of campaigns that he participated in during his service in Korea. Therefore, there is no basis for granting the applicant’s request to show the Korean Service Medal with three bronze service stars.

5. The applicant’s unit was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his military records to show award of the Republic of Korea Presidential Unit Citation.

6. Evidence of record shows the applicant served on active duty from
30 November 1950 through 29 August 1952. There is no evidence of record, and the applicant has provided no evidence, which shows he served in Korea between 3 September 1945 and 29 June 1949. Therefore, he is not entitled to correction of his military records to show award of the Army of Occupation Medal for Korea.

7. Evidence of record shows the applicant served five years in the ERC. There is no evidence of record, and the applicant has provided no evidence, which shows he served 10 years of Reserve service. Therefore, the applicant is not entitled to award of the Armed Forces Reserve Medal.

8. Although the applicant contends that he is entitled to award of the United Nations Medal, there is no evidence of record which shows the applicant served in the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Palestine, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia. Therefore, the applicant is not entitled to award of the United Nations Medal.

9. The Board considered the applicant’s request to show six commemorative medals on his DD Form 214. However, award of these medals are not governed by provisions of the Manual of Military Decorations and Awards or Army Regulation 600-8-22 (Military Awards) and, as a result, are not shown on a discharge document. Therefore, there is no basis for granting the applicant’s request.

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 Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge 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:

MKP____ KAK____ RTD____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058643
SUFFIX
RECON
DATE BOARDED	20011002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.