PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002070021


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman, Jr.		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, in effect, that his military discharge be amended to reflect the Bronze Star Medal that was awarded to him.

3. The applicant states, that he was given orders for the Bronze Star Medal; however, as his military separation papers will verify, it was never entered onto his service record.

4. The applicant provides a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, with an effective date of 14 October 1953; a copy of Special Orders Number 30, Headquarters, Transfer Point, Fort Benning, Georgia, dated 12 October 1953, and a partial copy of General Orders Number 621, Headquarters, 45^th Infantry Division, dated 12 November 1953. The applicant followed up by submitting the heading and the signature section of General Orders 621 in response to a telephonic request for the order in its entirety. Submission of the heading and signature sections of General
Orders 621 was followed up with a copy of the letter of transmittal which conveyed the general order from the Commanding General, Headquarters,
45^th Infantry Division to the Commanding General, US Army Forces Far East, for, "presentation and inclusion in recipient's 201 file."

5. The applicant’s military records are not available. It is believed that these records were destroyed in the fire that occurred at the National Personnel Records Center in St. Louis, Missouri, in 1973; however, documents available to the Board show that the applicant was inducted into the Army of the United States on 15 January 1952. After having completed all required training, he was assigned to Korea as an Infantryman, Military Occupational Specialty, 1542. He was released from active duty on 14 October 1953. On his separation date he had completed 11 months 27 days service in Korea and 1 year, 9 months net service for pay purposes. He was released from active duty in the temporary rank of Sergeant First Class with a date of rank of 30 April 1953.

6. The applicant's DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows that he was awarded the following awards and decorations during his tenure on active duty: Purple Heart, Combat Infantryman Badge, Korean Service Medal with 2 Bronze Service Stars, and the United Nations Service Medal. The Bronze Star Medal is not shown on this document.

7. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit, Company C, 179^th Infantry Regiment, 45^th Infantry Division, during the period that it was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 30-54.


8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.

9. 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.

10. 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 and 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

11. 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. Sufficient, conclusive evidence exists to convince this Board that the applicant was awarded the Bronze Star Medal by General Orders Number 621, Headquarters, 45^th Infantry Division, dated 12 November 1953; therefore, this award should be added to his DD Form 214. The Board notes that General Orders announcing award of the Bronze Star Medal were not published until well after the applicant had been released from military service.

2. The applicant served honorably and faithfully throughout his period of induction. During this period, the applicant was awarded the Bronze Star Medal, the Purple Heart, and the Combat Infantryman Badge. He entered active duty in

the rank of Private and was released from active duty in accordance with Special Orders Number 30, Headquarters, Transfer Point, Fort Benning, Georgia, in the rank of Sergeant First Class. He achieved that rank in a period of only 1 year, 3 months and 16 days active duty. There is no indication of any lost time or indiscipline in the applicant’s available personnel records or that he was otherwise disqualified from receiving the Good Conduct Medal by any of his unit commanders; he is therefore entitled to award of the Good Conduct Medal for the period from 15 January 1952 through 14 October 1953.

3. The evidence of record shows that the applicant was on active during the period from 15 January 1952 through 14 October 1953 during one of the periods when the National Defense Service Medal was awarded. He is therefore entitled to award of the National Defense Service Medal and to have it shown on his separation document.

4. The Board also noted that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation, which also is not shown on his discharge document because it was awarded to the Division after he was released from active duty.

5. The Board also notes that the applicant’s service during the Korean Conflict may qualify him for 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.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a. adding the Bronze Star Medal to the applicant's DD Form 214,

b. awarding the Army Good Conduct Medal to the applicant for the period from 15 January 1952 through 14 October 1953 and then adding that award to his separation document; and,

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c. adding the Republic of Korea Presidential Unit Citation and the National Defense Service Medal to his DD Form 214.

BOARD VOTE:

__cla___ __bje___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070021
SUFFIX
RECON
DATE BOARDED	20020613
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.	107.0014
4.
5.
6.