PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002068740


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Regan K. Smith		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 award of the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966).

3. The applicant states, in effect, that he was assigned to D Company,
15th Infantry Regiment of the 3rd Division; however, on 27 or 28 May 1953, he was attached to B Company, 15th Infantry Regiment of the 3rd Division. He contends that he was with B Company during combat action on 11-12 June 1953 in Korea. He also contends that the men from B Company received the Distinguished Unit Citation for extraordinary heroism during the period 11-12 June 1953, and he did not. In support of his application, he submits a letter of explanation, dated 18 January 2002; General Orders Number 18, dated
10 March 1955, for the Distinguished Unit Citation; a DD Form 214 (Report of Transfer or Discharge); a document titled “Society of the Third Infantry Division”; an eyewitness statement, dated 23 May 2001; and Special Orders Number 178, dated 7 July 1953, for the Combat Infantryman Badge.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 16 July 1951 for a period of 3 years. He served as a light weapons infantryman in Korea and was honorably discharged on 24 June 1954.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Distinguished Unit Citation as an authorized award.

6. The available records show that the applicant was assigned to D Company, 15th Infantry Regiment of the 3rd Division.

7. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II and the Korean War. This document shows the unit to which the applicant was assigned, D Company, 15th Infantry Regiment, 3rd Division, did not receive the Distinguished Unit Citation.

8. There is no evidence in the available records which shows the applicant was assigned to B Company, 15th Infantry Regiment, 3rd Division.

9. The applicant provided an eyewitness statement, dated 23 May 2001, from a sergeant first class at the time in question. He attests that the applicant was a machine gunner in D Company, 15th Regiment of the 3rd Infantry Division. He also states that the applicant was on “Outpost Harry” on 11-12 June 1953 in Korea when the Chinese Communist Forces attacked.

10. The applicant’s inclusive dates of service in Korea are not contained in the available records. However, the Office of the Surgeon General Hospital Lists show the applicant was hospitalized in Korea in February 1953 and in July 1953.

11. 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, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 June 1953 to 14 June 1953 by Department of the Army General Orders Number 29-54. This award is not shown on his discharge document.

12. 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, was cited for award of the Bravery Gold Medal of Greece for actions during the period of the Korean War by Department of the Army General Orders Number 2-56. This award is not shown on his discharge document.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded 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.

14. 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 historic 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 award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he earned the Distinguished Unit Citation because he was attached to B Company during combat action on 11-12 June 1953 in Korea. However, there is no evidence of record available to the Board to support this contention.

2. The Board noted the eyewitness statement provided in support of the applicant’s claim. However, this statement, dated almost 50 years after the fact, states that the applicant was a member of D Company, not B Company.

3. There is no evidence of record which shows the applicant was assigned to
B Company, 15th Infantry Regiment of the 3rd Division during 11-12 June 1953 in Korea. Therefore, there is no basis for granting the applicant’s request.

4. The applicant’s unit was cited for the Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

5. 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 Republic of Korea Presidential Unit Citation and the Bravery Gold Medal of Greece.

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

BOARD VOTE:

JLP____ AAO_____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068740
SUFFIX
RECON
DATE BOARDED	20020604
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0031
2.	107.0092
3.	107.0000
4.
5.
6.