PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002069729


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Walter T, Morrison		Member
Mr. Christopher J. Prosser		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 correction of his records to show the Good Conduct Medal, the National Defense Service Medal, the Presidential Unit Citation, the Expert Marksmanship Qualification Badge for the rifle and the pistol, and any other awards to which he may be entitled.

3. The applicant states that these awards and badges were left off his DD Form 214 (Report of Separation from the Armed Forces of the United States).

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. The only record available to the Board is the applicant’s DD Form 214 which shows he entered active duty on 25 October 1951, served overseas for 14 months and was honorably separated from active duty on 8 August 1953.

5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows award of the Combat Infantryman Badge, the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the Purple Heart. His DD Form 214 does not show award of the Good Conduct Medal, the National Defense Service Medal, the Presidential Unit Citation, Expert Rifle Badge, Expert Pistol Badge or the Korean War Service Medal.

6. There are no service records or other evidence available to the Board which show the applicant was considered for or awarded the Good Conduct Medal. There also is no evidence he was disqualified by his unit commander for award of the Good Conduct Medal. His DD Form 214 shows that he had no lost time.

7. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This qualifying period is 3 years. However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service. During the Korean War, the entries indicating soldiers were favorably considered or not favorably considered for award of the Good Conduct Medal were annotated on the WD AGO Form 24 (Service Record) by the personnel officer of the unit at the time of transfer or discharge.

8. Records show the applicant served on active duty from 25 October 1951 through 8 August 1953. 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.

9. 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, the 23d Infantry Regiment, was not cited for award of the Presidential Unit Citation during the period of the applicant’s assignment to that regiment. Specifically, Department of the Army Pamphlet 672-1 shows the last award of the Presidential Unit Citation to the 23d Infantry Regiment was for actions during the period 16 to 22 May 1951.

10. Department of the Army Pamphlet 672-1 also 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 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54.

11. There is no evidence available to the Board which shows that the applicant qualified expert with the rifle or the pistol. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

12. 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 noted the lack of evidence in this case which shows that the chain of command favorably considered or disqualified the applicant for award of the Good Conduct Medal. As a result, the Board determined there is insufficient evidence upon which to base award of the Good Conduct Medal in this case.

2. Records show the applicant served on active duty during a period in which the National Defense Service Medal was authorized. Therefore, the applicant is entitled to award of the National Defense Service Medal and correction of his records to show this award.

3. Records show that the last award of the Presidential Unit Citation to the 23d Infantry Regiment was for actions in Korea which occurred from 16 to 22 May 1951. Records also show that the applicant entered active duty on 25 October 1951; therefore, he was not a member of the regiment when it was cited for the Presidential Unit Citation. In view of these facts, the Board determined that there was no basis for correction of the applicant’s records to show entitlement to award of the Presidential Unit Citation.

4. The Board considered the applicant’s request for award of the Expert Marksmanship Qualification Badge for the rifle and the pistol. The Board noted that there is no evidence available in this case which shows that the applicant qualified on either weapon. Based on this fact, the Board determined that there was insufficient evidence in this case upon which to award the Expert Marksmanship Qualification Badge to the applicant for qualifying on either the rifle or the pistol.

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 the individual concerned is entitled to award of the National Defense Service Medal and the Republic of Korea Presidential Unit Citation

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

BOARD VOTE:

__FNE__ __CJP___ __WTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mr. Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069729
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020502
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.