PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 May 2002
         DOCKET NUMBER: AR2002069944


         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:

Mr. Raymond V. O’Connor		Chairperson
Mr. John P. Infante		Member
Ms. Paula Mokulis		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge, the Parachutist Badge, the Korean Service Medal, the Army of Occupation Medal with Japan Clasp and the Good Conduct Medal.

3. The applicant states, in effect, that he is eligible for the Combat Infantryman Badge based on his service with G Company, 2nd Battalion, 38th Infantry Regiment of the 2nd Infantry Division. He also contends that his DD Form 214 shows his infantry military occupational specialty (MOS), that he was wounded in action, that he completed parachute school and that he served in Japan. In support of his application, he submits a DD Form 214 and a letter of explanation, dated 12 February 2002.

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 9 March 1948 for a period of 3 years. He served as a light weapons infantryman in Korea and was honorably discharged on 8 March 1952.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Parachutist Badge, the Korean Service Medal, the Army of Occupation Medal with Japan Clasp or the Good Conduct Medal as authorized awards.

6. The available records show that the applicant served in MOS 1745 (light weapons infantryman) and was wounded in action on 6 September 1950 in Korea. The Board notes that the applicant contends that he was assigned to
G Company, 2nd Battalion, 38th Infantry of the 2nd Division when he was wounded in action.

7. The applicant’s DD Form 214 shows that he completed a Paratrooper course while attending Airborne School in Sendai, Japan, in December 1948.

8. The available records do not show the applicant’s inclusive dates of service in Korea.

9. There is no evidence in the available records which shows the applicant’s unit received campaign credit for Japan. The Board notes that the applicant contends his unit was K Company, 3rd Battalion, 187th Airborne Regiment of the 11th Airborne Division during his assignment in Japan. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II and the Korean War. This document shows the unit to which the applicant was assigned, did not receive occupation credit for Japan.

10. There is no evidence that the applicant was recommended for or received the first award of the Good Conduct Medal. There also is no indication in the available records that he was disqualified from receiving this award.

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, the 38th Infantry Regiment, 2nd Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1-5 September 1950 by Department of the Army General Orders Number 35-51. This award is not shown on his discharge document.

12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

13. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

14. 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.

15. Army Regulation 600-8-22, 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.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

17. Army Regulation 600-8-22 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 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.

18. 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.

19. 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. Evidence of record shows that the applicant served in an infantry MOS and was wounded in action on 6 September 1950 in Korea. Therefore, the Board determined that there was sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. Evidence of record shows that the applicant completed a Paratrooper course while attending Airborne School in Sendai, Japan, in December 1948. Therefore, the Board determined that there is sufficient evidence on which to base award of the Parachutist Badge in this case.

3. Evidence of record shows that the applicant was wounded in action on
6 September 1950 in Korea. However, the available records do not show his inclusive dates of service. Therefore, the Board is unable to determine how many campaigns the applicant participated in during his assignment in Korea. Based on the foregoing, the applicant is entitled to award of the Korean Service Medal with one bronze service star.

4. There is no evidence of record, and the applicant has provided no evidence, which shows that his unit of assignment received campaign credit for Japan. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army of Occupation Medal with Japan Clasp in this case.

5. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 9 March 1948 through 8 March 1951. Therefore, he is entitled to correction of his records to show this award.

6. In accordance with the governing regulation, award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the United Nations Service Medal.

7. The applicant’s unit received the Republic of Korea Presidential Unit Citation. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

8. 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 Combat Infantryman Badge, the Parachutist Badge, the Korean Service Medal with one bronze service star, the Good Conduct Medal, the United Nations 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:

RVO___ JPI____ PM______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor__
                  CHAIRPERSON

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INDEX

CASE ID	A2002069944
SUFFIX
RECON
DATE BOARDED	20020530
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0120
3.	107.0070
4.	107.0056
5.	107.0085
6.	107.0092