PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2001063579


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		Member
Mr. Thomas Lanyi		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 reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge (CIB).

3. The applicant states that prior to his assignment to the armor unit he was an infantryman and it was in this capacity that he was serving when he was wounded in 1950.

4. Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001054431) on 22 May 2001. As previously noted, the applicant's personnel records were destroyed in the 1973 St. Louis fire. A limited number of documents from his medical record were located and forwarded to the Board for review.

5. The applicant submits a personnel statement requesting reconsideration of his application and an article about how his unit, the 3^rd Battalion, 29^th Infantry Regiment, was all but wiped-out in fighting at Hadong, Korea.

6. The article states that the 3^rd Battalion, 29^th Infantry Regiment, was ambushed at Hadong shortly after arriving in Korea. The extent of loss of personnel was reported as 313 killed in action, 100 captured (most of whom were subsequently executed or died in captivity) and an unknown number of wounded. As a result of this decimation of unit, the 3^rd Battalion ceased to exist. Its survivors were formed into two companies and attached to other units. A note in the article also indicates that the 1^st Battalion met a similar fate elsewhere, which effectively erased the 29^th Regiment from the face of Korea-and from many history books.

7. The applicant's medical records contain a copy of Headquarters Tokyo (illegible) Hospital, General Orders Number 154, dated 8 September 1950, that awards him the Purple Heart for wounds received in combat. He is identified as an infantryman serving with Company M, 29^th Infantry Regiment, 25^th Infantry Division.

8. There are no additional medical entries until February 1952. In April 1952, an automobile sideswiped the applicant and he was treated for a hematoma of the right eye. In August 1952, he sustained a crushing injury to his right foot when a boat dropped on his foot. He was shown to have been assigned to the 2128 Armour Support Unit, Army Field Forces Board #2 Detachment when these injuries were sustained.

9. The applicant's DD Form 214 (Report of Separation) shows that he was awarded the Purple Heart, the Army of Occupation with Japan Clasp, the Korean Service Medal with one bronze service star, and an additional medal that is illegible.
10. A member of the staff of the Board reviewed the historical files of the 3^rd Battalion, 29^th Infantry Regiment and the 25^th Infantry Division without locating any information that would assist in this case.

11. In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files", was made. These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). This information is a valuable substitute for the records lost in the NPRC fire of 1973. A search of these files, however, failed to show an entry for the applicant's 1950 hospitalization; however, it did show hospitalization for the non-combat condition in 1952.

12. Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the CIB. In effect, that paragraph states that there are three basic requirements for award of the CIB. The enlisted soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (know as the Distinguished Unit Citation until 3 November 1966) is awarded to unit 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. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 29^th Infantry Regiment was awarded the Distinguished Unit Citation for its actions of 1-4 September 1950. It also indicates that the 29^th Infantry Regiment was integrated with the 27^th Infantry Regiment on 5 September 1950.

14. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. 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.

15. 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.

16. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their heroic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.)

CONCLUSIONS:

1. Due to the destruction of and damage to the applicant's records the Board is unable to determine many of the specifics of this case including what decorations the applicant has already been awarded.

2. From the available records it cannot be determined which medal is reported on the applicant's DD Form 214, the National Defense Service Medal or the United Nations Service Medal. The evidence of record shows that he is entitled to both medals; therefore, it is appropriate to correct his records to show award of both medals.

3. Furthermore, the Board concludes that the applicant's medical records and General Orders Number 154 show that he was an infantryman, satisfactorily performing infantry duties in combat and is therefore entitled to award of the Combat Infantryman Badge.

4. In addition to the awards noted above and those clearly listed on his DD Form 214, the applicant is also entitled to award of the Presidential Unit Citation.

5. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.




RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was awarded the Purple Heart, the Army of Occupation with Japan Clasp, the Korean Service Medal with one bronze service star, the National Defense Service Medal, United Nations Service Medal, the Presidential Unit Citation, and the Combat Infantryman Badge.


BOARD VOTE:

_AAO__ __KAH___ __TL___ GRANT AS STATED IN RECOMMENDATION

_______ ________ ________ GRANT FORMAL HEARING

_______ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063579
SUFFIX
RECON
DATE BOARDED	20020730
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0092
3.
4.
5.
6.