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Decision Text

ARMY | BCMR | CY2001 | 2001064011C070421
Original file (2001064011C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001064011


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. George Paxson Chairperson
Ms. Deborah Jacobs 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, correction of his DD Form 214 (Report of Transfer or Discharge), dated 10 July 1952, to show credit for his tour of duty in Korea from 29 August 1950 to 2 February 1951, to show that he was awarded the Korean Service Medal, and to show all awards and decorations to which he is entitled for his service in Korea.

3. The applicant states, in effect, that his DD Form 214, dated 10 July 1952, failed to show credit for his tour of duty in Korea and all awards and decorations to which he is entitled for his service in Korea. In support of his application, he submits a copy of his DA Form 20 (Enlisted Qualification Record) and six copies of his DD Forms 214.

4. The applicant’s military records show he was inducted on 28 July 1944. He
continued to serve until he was honorably discharged on 8 May 1946. After a break in service, he enlisted on 18 August 1950, and continued to serve through a series of continuous reenlistments until he was placed on the Retired List on 30 June 1974, in the rank of SSG/E-6.

5. His WD AGO Form 24A (Service Record) shows that he served in Korea from 1 October 1950 to 2 February 1951.

6. Item 26 (Foreign and /Sea Service) of his DD Form 214, dated 10 July 1952, shows that he completed 1 year, 10 months, and 23 days of foreign service, which includes his service in Korea. Item 27 (Decorations and Awards) also failed to show that he was entitled to any awards for his service in Korea.

7. A review of Department of the Army Pamphlet 672-1 shows that his unit, the 65th Infantry Regiment, participated in two campaigns: the Chinese Communist Force Intervention and the First United Nations Counteroffensive.

8. 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.

9. Army Regulation 600-8-22, in pertinent part, authorizes award of the bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulation also states that bronze service stars will be worn on the appropriate service medals.





10. 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.

11. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 26 (Foreign and/or Sea Service). The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

12. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 27 (Decorations and Awards) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

13. Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1. The applicant’s DD Form 214, dated 10 July 1952, clearly shows that he completed 1 year, 10 months, and 23 days of foreign service, which includes his service in Korea, and which shows that he was credited for his tour of duty in Korea. Therefore, his DD Form 214, dated 10 July 1952, is correct as currently constituted.

2. The evidence of record shows that he is entitled to the Korean Service Medal with two bronze service stars and the United Nations Medal Service Medal based on award of the Korean Service Medal. Therefore, he is entitled to correction of his records to show these awards.

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







RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 27 (Decorations and Awards) of his DD Form 214, dated 10 July 1952, that he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal based on award of the Korean Service Medal.

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

BOARD VOTE:

__gp___ ___dj__ ___rb___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___George Paxson__
                  CHAIRPERSON




INDEX

CASE ID AR2001064011
SUFFIX
RECON
DATE BOARDED 20020326
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19740630
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 303
2.
3.
4.
5.
6.

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