PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002080098


         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
Mr. Roger W. Able		Member
Mr. Patrick H. McGann		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 retirement DD Form 214 (Report of Transfer or Discharge) with an effective date of 31 May 1968 to show award of the Army of Occupation Medal with Germany Clasp, the Presidential Unit Citation, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation. He also requests that his dates of service in Korea be shown on his retirement DD Form 214.

3. The applicant states that there is no record of these awards or his dates of service in Korea. In support of his application, he submits a copy of his retirement DD Form 214 with an effective date of 31 May 1968.

4. The applicant’s military records show that he entered active duty on 11 May 1948. He remained on active duty through continuous reenlistments until he retired in the rank of staff sergeant on 31 May 1968.

5. The applicant's service personnel records contain four DD Forms 214.

6. The applicant's DD Form 214 covering the period 11 May 1948 through
13 March 1951 shows the Army of Occupation Medal with Germany Clasp as an authorized award.

7. There is no discharge document for the period 14 March 1951 through
10 August 1956.

8. The applicant's DD Forms 214 covering the periods 11 August 1956 through
26 July 1962, 27 July 1962 through 26 July 1965 and 27 July 1965 through
31 May 1968 do not show the Presidential Unit Citation, the Combat Infantryman Badge or the Republic of Korea Presidential Unit Citation as authorized awards. His dates of service in Korea are also not shown on these DD Forms 214.

9. Eighth United States Army General Orders Number 1002, dated 11 November 1953, show the applicant's unit received the Distinguished Unit Citation (currently known as the Presidential Unit Citation).

10. 461st Infantry Battalion (Heavy Mortar) Special Orders Number 143, dated 21 July 1953, show the applicant received the Combat Infantryman Badge.

11. 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 Republic of Korea Presidential Unit Citation.

12. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 13 February 1953 through 29 June 1954 and participated in two campaigns.

13. The applicant's DD Form 214 covering the period 27 July 1965 through
31 May 1968 shows entitlement to the National Defense Service Medal with First Oak Leaf Cluster and the third award of the Good Conduct Medal.

14. The applicant's DA Form 20 (Enlisted Qualification Record) shows entitlement to the National Defense Service Medal with First Oak Leaf Cluster, the Army of Occupation Medal with Germany Clasp, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge, the Presidential Unit Citation and the third award of the Good Conduct Medal.

15. Special Regulation Number 615-360-1 (Enlisted Personnel) and Army Regulation 635-5 (Personnel Separations), in effect at the time, governed the preparation and distribution of the DD Form 214. These regulations provided in pertinent part that, a DD Form 214 would not be furnished to members of the Regular Army and reserve components who reenlisted in the Regular Army at station of discharge within 24 hours of discharge.

16. Army Regulation 635-5 (Separation Documents), dated 23 January 1967 with changes 1 through 15, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214. The regulation also states that the decorations will be taken from the soldier’s DA Form 20 (Enlisted Qualification Record).

17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean government.

18. 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.

19. 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.

20. 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 applicant's DD Form 214 covering the period 11 May 1948 through
13 March 1951 shows the Army of Occupation Medal with Germany Clasp as an authorized award.

2. Evidence of record shows the applicant received the Presidential Unit Citation and the Combat Infantryman Badge during his second enlistment which covered the period 14 March 1951 through 10 August 1956. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in Korea from 13 February 1953 through 29 June 1954. However, no DD Form 214 was furnished for that period.

3. The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was not cited for award of the Republic of Korea Presidential Unit Citation. Therefore, the Board determined that there is no evidence on which to base award of the Republic of Korea Presidential Unit Citation in this case.

4. The applicant's retirement DD Form 214 shows the National Defense Service Medal with First Oak Leaf Cluster and the third award of the Good Conduct Medal as authorized awards.

5. The applicant's DA Form 20 (Enlisted Qualification Record) shows entitlement to the National Defense Service Medal with First Oak Leaf Cluster, the Army of



Occupation Medal with Germany Clasp, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge, the Presidential Unit Citation and the third award of the Good Conduct Medal.

6. The applicant is entitled to two bronze service stars to be affixed to the Korean Service Medal for his participation in two campaigns during the Korean War.

7. The governing regulation in effect at the time of the applicant's discharge states that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214. Therefore, item 24 on the applicant's retirement DD Form 214 with an effective date of 31 May 1968 should be corrected to show award of the Army of Occupation Medal with Germany Clasp, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge and the Presidential Unit Citation.

8. The Board determined that, as an exception to regulation, item 30 (Remarks) on the applicant's retirement DD Form 214 with an effective date of 31 May 1968 will contain an explanatory note which shows his dates of service in Korea from 13 February 1953 through 29 June 1954.

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:

         a. by adding the entries, "Army of Occupation Medal with Germany Clasp", "Korean Service Medal with two bronze service stars", "United Nations Service Medal", "Combat Infantryman Badge" and "Presidential Unit Citation" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 31 May 1968 of the individual concerned; and

         b. by showing the entry, "Foreign service performed between 14 March 1951 and 10 August 1956 which is not shown on a discharge document: Served in Korea from 13 February 1953 through 29 June 1954" in item 30 (Remarks) on his DD Form 214 with an effective date of 31 May 1968.



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

BOARD VOTE:

SAC___ RWA____ PHM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080098
SUFFIX
RECON
DATE BOARDED	20030403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.