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Decision Text

ARMY | BCMR | CY2001 | 2001058853C070421
Original file (2001058853C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2001
         DOCKET NUMBER: AR2001058853


         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. Luther L. Santiful Chairperson
Mr. Charles Gainor Member
Mr. Joe R. Schroeder 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.


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 Meritorious Unit Commendation and the “Syngman Rhee Award” (correctly known as the Republic of Korea Presidential Unit Citation).

3. The applicant states that his unit received the Meritorious Unit Commendation from General Taylor and the Republic of Korea Presidential Unit Citation from Syngman Rhee, the President of South Korea. In support of his application, he submits a letter of explanation; a copy of his DD Form 214; and orders for the Meritorious Unit Commendation.

4. The applicant’s military records show that he was inducted on 10 April 1953 and served as a medical laboratory technician in Korea. He was honorably released on 29 January 1955 and transferred to the Army Reserve.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Meritorious Unit Commendation or the Republic of Korea Presidential Unit Citation as authorized awards.

6. Eighth United States Army General Orders Number 513, dated 12 August 1954, show the applicant’s unit was awarded the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding services in support of combat operations in Korea during the period 1 April 1953 to 31 March 1954.

7. 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 First Medical Laboratory (Field), was not cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean government. Not more than one Republic of Korea Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.

CONCLUSIONS:

1. The applicant’s unit received the Meritorious Unit Commendation on
12 August 1954. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit award.

2. Notwithstanding the applicant’s contention that he received the Republic of Korea Presidential Unit Citation, there is no evidence of record, and the applicant has provided no evidence, to support this contention. Evidence of record shows that the applicant’s unit was not cited for the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, the applicant is not entitled to correction of his military records to show this unit citation.

3. 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 Meritorious Unit Commendation.

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

BOARD VOTE:

LLS____ CG______ JRS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Luther L. Santiful__
                  CHAIRPERSON




INDEX

CASE ID AR2001058853
SUFFIX
RECON
DATE BOARDED 20011010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0034
2. 107.0000
3.
4.
5.
6.


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