PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002072216


         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:

Ms. Irene N. Wheelwright		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Thomas Lanyi		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 American Campaign Medal (ACM), the Good Conduct Medal (GCMDL), the Armed Forces Expeditionary Medal (AFEM), the Presidential Unit Citation (PUC), the "United Nations Ribbon" (correctly known as the United Nations Service Medal (UNSM)), and the Republic of Korea Presidential Unit Citation (ROKPUC). The applicant also requests correction of his records to show that he served in the Marshall Islands, that he boxed for his Company boxing team and that he was on his Battalion's football team.

3. The applicant states that several of his friends received the same awards listed above. He did not submit any documents in support of his application.

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 entered active duty on 21 January 1949. He successfully completed basic and advanced individual training and was assigned to Korea. The applicant was honorably discharged from active duty on 16 June 1952.

5. The applicant's DD Form 214 does not show the ACM, the GCMDL, the AFEM, the PUC, the UNSM or the ROKPUC as authorized awards.

6. The applicant’s DD Form 214 shows that he served during the Korean conflict. There is no evidence available to the Board which shows he served during World War II.

7. There is no evidence of record which shows the applicant received the first award of the GCMDL. His discharge document shows 2 days of lost time in item 38 (Remarks).

8. There is no evidence of record which shows the applicant was awarded the AFEM. There are no records available to the Board which show the exact dates in which the applicant served during the Korean conflict.

9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, was not cited for award of the PUC during the Korean conflict.

10. There is no evidence of record which shows the applicant was awarded the UNSM. His DD Form 214 shows entitlement to the Korean Service Medal with three bronze service stars.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit, to which the applicant was assigned, 79th Engineer Battalion, was cited for award of the ROKPUC for actions during the period 15 September to 24 December 1950 by Department of the Army General Orders Number 8, dated 1952.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.

13. 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.

14. Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Paragraph 2-12 of this regulation states that award of the Armed Forces Expeditionary Medal was authorized for operations in Korea during the period 1 October 1966 to 30 June 1974.

15. Army Regulation 600-8-22 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.

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. As a matter of information, 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 service award to eligible U.S. veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Korean War Service Medal has been 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 award to his DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the ACM. However, evidence available to the Board shows he served on active duty during the period 21 January 1949 to 16 June 1952. Therefore, in accordance with the Military Awards regulation, the applicant did not serve a period of qualifying service for award of the ACM and there is no basis for amending his record to show this award.

2. There is no evidence the applicant was recommended by his chain of command for the GCMDL. However, there is evidence of lost time which may have resulted in the applicant’s disqualification for award of the GCMDL. As a result, the Board has determined that, in the absence of a recommendation by the chain of command for award of the GCMDL, there is no basis for awarding the GCMDL in this case.

3. Based on the applicant's dates of service on active duty, he did not serve a period of qualifying service for award of the AFEM for operations in Korea. Therefore, there is no basis for awarding the applicant the AFEM.

4. The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant's unit in Korea was cited for award of the PUC. Therefore, there is no basis for granting the applicant award of the PUC.

5. The applicant's DD Form 214 shows entitlement to the Korean Service Medal with three bronze service stars.

6. Based on the applicant's award of the Korean Service Medal with three bronze service stars, he is entitled to award of the UNSM. Therefore, his DD Form 214 will be amended to show the UNSM.

7. Although the applicant's exact dates of service in Korea were not present in the available records, the Board determined that he was assigned to the 79th Engineer Battalion when it was cited for award of the ROKPUC. Therefore, his DD Form 214 will be amended to show award of the ROKPUC.

8. The Board noted the applicant's request to correct his records to show that he served in the Marshall Islands, that he boxed on the Company boxing team, and that he was on the Battalion's football team. However, there are no provisions in Army Regulation 635-5 (Separation Documents) which authorize these entries to be recorded on the DD Form 214. Therefore, there is no basis for granting the applicant's request.

9. 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 was awarded the UNSM and the ROKPUC.

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

BOARD VOTE:

INW____ TL______ AAO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072216
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020827
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.