PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001060673


         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
Mr. Robert J. McGowan		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Mr. Walter T. Morrison		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 that his records be corrected to show that he was awarded the Bronze Star Medal (BSM).

3. The applicant states that he was assigned to Battery A, 26^th Anti-Aircraft Artillery (Automatic Weapons) Battalion (26^th AAA AW Bn), 24^th Infantry Division, during the Korean War. He states that every man in the 24^th Division was awarded the BSM for action during the period 2 July - 24 November 1950. In support of his application, he provides: a 5-page letter to the Board; a copy of his DD Form 214 (Report of Separation); a copy of the "Permanent Party Enlisted Roster" for Battery A, 26^th AAA AW Bn; copies of newspaper articles entitled "Watchful Waiting, Not Old Enough, Former Dispatch Carrier Serves in Korean Fight, and Local Soldier in Korea Tells of Need for Blood;" a copy of a page purported to be from the book 24^th Forward - The Pictorial History of The Victory Division in Korea which states, "Every man fighting with the 24^th Infantry Division from 2 July through 15 September 1950, was awarded the Bronze Star for Meritorious Service. The Division, as a whole, received the United States Presidential Unit Citation for the same period . . . "; a partial copy of a letter from Battery A, 26^th AAA AW Bn, subject: Roster of Personnel Present for Duty From 2 July to 15 September 1950, listing personnel eligible for "the award"; copies of 2 pages of history concerning the 24^th Division; a list of killed and wounded from the 26^th AAA AW Bn; a 1997 Reader's Digest article entitled "Johnson's List"; and copies of General Orders 291, 293, 294, 295, and 644, Headquarters, 24^th Infantry Division awarding the BSM to division soldiers.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources and shows that he enlisted in the Regular Army for 3 years on 26 September 1949, when he was only 16 years old. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 4745, Infantry, and sent to Japan for occupation duty with the 24^th Infantry Division.

5. When the Korean War began, the applicant was sent to Korea on 5 July 1950 as a member of Battery A, 26^th AAA AW Bn, 24^th Infantry Division. He served in Korea until 30 April 1951, when it was discovered that he was underage. He was returned to the United States and honorably separated for minority under the provisions of Army Regulation 615-362 on 29 May 1951.

6. The applicant's DD Form 214 shows that he served 1 year, 8 months, and 3 days of honorable service, of which 1 year, 3 months, and 17 days were spent in the Far East. His Korean War service was from 5 July 1950 to 30 April 1951. He was awarded the Korean Service Medal, Army of Occupation Medal with Japan Clasp, and the Presidential Unit Citation.

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) 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.

9. AR 600-8-22 provides for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between 2 August 1990 and 30 November 1995.

10. AR 600-8-22 provides for award of the United Nations Service Medal (UNSM). 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.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit that was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) by Department of the Army General Order Number 35-51.

CONCLUSIONS:

1. The Board cannot identify the document provided by the applicant that states that every member of the 24^th Infantry Division present in Korea from 2 July to 15 September 1950 is authorized the BSM.

2. The Board notes the unit letter providing a roster of personnel present during the period 2 July-15 September 1950 and eligible for "the award." The Board also notes that the unit was awarded the Presidential Unit Citation for the time period in question and believes that "the award" not otherwise identified by the letter was, in fact, the Presidential Unit Citation.

3. The Board does not doubt that the applicant was in Korea from 5 July 1950 through 30 April 1951; however, this does not make him eligible for the BSM. An award of the BSM requires formal recommendation, approval through the chain of command, and announcement in orders.

4. A review of the applicant's available records shows that he is entitled to the NDSM, UNSM, and ROKPUC. Additionally, he met the regulatory requirements for award of the GCMDL as a result of his first term, honorable service from 26 September 1949 to 29 May 1951, but there is no evidence of record that it was awarded to him; therefore, he should also be awarded the GCMDL for the period of service from 26 September 1949 to 29 May 1951.

5. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing that he is entitled to award of the GCMDL, NDSM, UNSM, and ROKPUC.

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

BOARD VOTE:

__GDP__ __WTM__ __RTD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ George D. Paxson__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060673
SUFFIX
RECON
DATE BOARDED	20020124
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	DASA
ISSUES 1.	107.0014
2.
3.
4.
5.
6.