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ARMY | BCMR | CY2001 | 2001060901C070421
Original file (2001060901C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001060901


         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. John N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely 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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show all awards and decorations to which he is entitled based upon his Korean War service.

3. The applicant states that he served in Korea for 2 months and 2 days before being sent home to receive a hardship discharge. His DD Form 214 does not reflect any awards and decorations for his Korean War service.

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. It shows that he was inducted into the Army of the United States on 18 March 1952. He was trained as a radio repairer at the Armored School, Fort Knox, Kentucky, and was transferred to Korea.

5. The applicant arrived in Korea on/about 26 March 1953 and was assigned to Headquarters Company, 9th Infantry Regiment, 2nd Infantry Division. On 27 May 1953, Special Orders Number 147, Headquarters, 2nd Infantry Division, directed that he be returned to the United States for release from active duty. He departed Korea on/about 28 May 1953.

6. The applicant was honorably discharged at Camp Kilmer, New Jersey on 8 July 1953, under the provisions of Army Regulation 615-362, by reason of hardship/dependency. He had 1 year, 3 months, and 21 days of creditable service, of which 2 months and 2 days was overseas service in Korea. His DD Form 214 (Block 27) does not reflect any awards or decorations.

7. Army Regulation 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.

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

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

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

12. Army Regulation 600-8-22 (Military Awards), 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. The applicant served in Korea during periods of two campaigns, the Third Korean Winter and the Korea Summer '53 campaigns.

13. 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 which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 10-54.

CONCLUSIONS:

1. The applicant served in Korea during the Korean War, but his DD Form 214 does not reflect any awards or decorations for this service.

2. Based upon a review of the applicant's available records and pertinent Army regulations, the applicant is entitled to the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal (with 2 Bronze Service Stars), United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

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


RECOMMENDATION:

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 was awarded the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal (with 2 Bronze Service Stars), United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

__JNS___ __LE___ ___REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____John N. Slone_
                  CHAIRPERSON




INDEX

CASE ID AR2001060901
SUFFIX
RECON
DATE BOARDED 20010925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1.
2.
3.
4.
5.
6.


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