PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002078698


         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. Samuel A. Crumpler		Chairperson
Ms. Regan K. Smith		Member
Mr. Antonio Uribe		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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Korean Service Medal with one bronze service star, the Republic of Korea Presidential Unit Citation, the Medical Combat Badge and the Presidential Unit Citation.

3. The applicant states, in effect, that when he was discharged he did not tell the separation personnel all of the medals to which he was entitled. He contends that at the time all he wanted was to go home. In support of his application, he submits a partial copy of his DD Form 214.

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
26 September 1950 for a period of 3 years. He served in Korea and was honorably discharged on 28 September 1953.

5. The applicant’s DD Form 214, which was authenticated in his own hand, shows the Korean Service Medal with one bronze service star as an authorized award. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

6. The applicant’s DD Form 214 does not show the Republic of Korea Presidential Unit Citation, the Medical Combat Badge or the Presidential Unit Citation as authorized awards.

7. The available records do not contain the applicant’s inclusive dates of service in Korea. However, his DD Form 214 shows that he served 1 year, 5 months and 17 days of foreign service.

8. 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, the 120th Medical Battalion of the 45th Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54.

9. There are no orders for the Combat Medical Badge in the available records. There is no evidence of the applicant’s duty military occupational specialty during his service in Korea.

10. Department of the Army Pamphlet 672-1 shows that the 120th Medical Battalion of the 45th Infantry Division did not receive the Presidential Unit Citation during the Korean War.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.

12. 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.

13. 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 US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

14. 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. Department of the Army Pamphlet 672-1 shows the applicant’s unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953. However, the applicant’s inclusive dates of service in Korea are not contained in the available records.

2. Evidence of record shows the applicant served on active duty from
26 September 1950 through 28 September 1953. Evidence of record also shows the applicant served almost 18 months of foreign service and that he was awarded the Korean Service Medal with one bronze service star.
3. Based on the foregoing, it is reasonable to assume that the applicant served in Korea between 10 December 1951 and 31 July 1953. Therefore, the Board determined that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation and correction of his DD Form 214 to show this unit citation.

4. The Board considered the applicant’s request for award of the Combat Medical Badge. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows his military occupational specialty during his assignment in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

5. The Board also considered the applicant’s request for award of the Presidential Unit Citation. However, the Department of the Army Pamphlet 672-1 shows that the 120th Medical Battalion of the 45th Infantry Division did not receive the Presidential Unit Citation during the Korean War Conflict. Therefore, there was no basis for granting the applicant’s request.

6. 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 Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

SAC___ RKS____ AU______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078698
SUFFIX
RECON
DATE BOARDED	20030211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.