PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002072108


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Stanley Kelley		Member
Mr. John P. Infante		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 two additional campaign battle stars (currently known as bronze service stars) for the Korean War and to show two awards of the Purple Heart for wounds he sustained on 20 May 1951.

3. The applicant states he served the entire campaign of the First United Nations Counteroffensive from 25 January to 21 April 1951 and the Chinese Communist Forces Spring Offensive from 22 April to 8 July 1951. He contends that he was wounded 20 May 1951 and was evacuated a few days later. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a listing of campaigns authorized for the Korean War.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he enlisted in the Army on 30 June 1948. He completed training as a combat construction specialist and served in Korea. The applicant was honorably discharged from active duty on 2 May 1952.

5. The applicant's DD Form 214 shows entitlement to the Korean Service Medal with three bronze service stars and one award of the Purple Heart.

6. There are no records available to the Board which show the dates in which the applicant served during the Korean conflict. However, the applicant's DD Form 214 shows he received wounds as a result of hostile action in Korea on 4 September 1950. His discharge document also shows he completed 2 years, 8 months and 13 days of foreign service.

7. 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 8th Engineer Battalion, 1st Cavalry Division, received campaign credit for the United Nations Defensive (27 June–15 September 1950), the United Nations Offensive (16 September–2 November 1950), the Chinese Communist Forces Intervention (3 November 1950-24 January 1951), the First United Nations Counteroffensive (25 January-21 April 1951), and the Chinese Communist Forces Spring Offensive (22 April-8 July 1951).

8. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows he sustained a gunshot wound to his left shoulder in Korea on 4 September 1950. His discharge document also shows he sustained an internal wound to his left foot in Korea on 20 May 1951.

9. Records available to the Board contain a DA Form 1577 (Authorization for Issuance of Awards), dated 24 May 2001, which shows the applicant was issued one award of the Purple Heart, the Good Conduct Medal, the Army of Occupation Medal for Japan, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, and the United Nations Service Medal.

10. There is no evidence available to the Board which shows the applicant's DD Form 214 was amended to show the Good Conduct Medal, the National Defense Service Medal, or the United Nations Service Medal. The Board noted that the applicant is entitled to the Republic of Korea Presidential Unit Citation which is also not shown on his discharge document.

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 8th Engineer Battalion, 1st Cavalry Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 August to 26 September 1950 by Department of the Army General Orders Number 35-51.

12. 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. This regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14. 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 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. 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.

16. 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.

17. 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. There is no evidence available to the Board which shows the exact dates the applicant served in Korea. However, evidence of record shows he was in Korea on 4 September 1950.

2. Although the applicant was awarded the Korean Service Medal with three bronze service stars, evidence available to the Board shows he received credit for participation in five campaigns during his tour in Korea. Therefore, the applicant is entitled to two additional bronze service stars to be affixed to the Korean Service Medal and correction of his DD Form 214 to show the Korean Service Medal with one silver service star (in lieu of five bronze service stars).

3. The applicant's DD Form 214 shows the applicant was wounded twice as a result of hostile action in Korea. Therefore, he is entitled to two awards of the Purple Heart and correction of his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).

4. Records available to the Board show the applicant was authorized the first award of the Good Conduct Medal, the National Defense Service Medal, and the United Nations Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5. While the applicant was assigned to the 8th Engineer Battalion, 1st Cavalry Division in Korea, the unit was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Republic of Korea Presidential Unit Citation.

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:

a. by deleting the Korean Service Medal with three bronze service stars and the Purple Heart from item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214; and

b. by showing he was awarded the Korean Service Medal with one silver service star, the Purple Heart (First Oak Leaf Cluster), the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

RVO_____ SK______ JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072108
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020718
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.	107.0015
2.	100.0000
3.
4.
5.
6.