PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002081063


         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. Thomas B. Redfern		Chairperson
Mr. Linda D. Simmons		Member
Mr. John T. Meixell		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 the Bronze Star Medal, the Presidential Unit Citation, the National Defense Service Medal and "Korean awards" be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3. The applicant states that these awards are omitted from his records. In support of his application, he submitted a copy of his DD Form 214.

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 was inducted in the Army of the United States on 5 April 1951. He completed basic and advanced individual training and served in Korea (dates unknown). The applicant was honorably released from active duty on 4 January 1953.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. There is no evidence available to the Board which shows he was recommended for or awarded the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

6. Item 28 (Most Significant Duty Assignment) on the applicant's DD Form 214 indicates that he was assigned to the "9956 TSU [Technical Service Unit] SGO LAH." 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 does not show that the applicant's unit was cited for award of the Presidential Unit Citation or the Republic of Korea Presidential Unit Citation for actions during the Korean conflict.

7. The applicant's DD Form 214 does not show the National Defense Service Medal as an authorized award. His discharge document shows he served on active duty from 5 April 1951 through 4 January 1953.

8. The applicant's DD Form 214 shows entitlement to award of the Korean Service Medal with two bronze service stars and the United Nations Service Medal based on his service in Korea. There is no evidence available to the Board which shows entitlement to any additional awards for service in Korea.

9. The Board noted that the applicant is entitled to the first award of the Good Conduct Medal which is not shown on his discharge document. His discharge document does not show any days of lost time and that he was discharged in the temporary rank of sergeant.

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

11. 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.

12. 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.

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 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.

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.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding the applicant the Bronze Star Medal.

2. 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 Presidential Unit Citation. Therefore, there is no basis for correcting his records to show this unit award.

3. The applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, his DD Form 214 will be amended to show award of the National Defense Service Medal.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 5 April 1951 through 4 January 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his records will be amended to show award of the Good Conduct Medal.

5. 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 National Defense Service Medal and the Good Conduct Medal.

2. That so much of the application as it relates to award of the Bronze Star Medal, the Presidential Unit Citation and additional "Korean awards" be denied.

BOARD VOTE:

TBR_____ LDS_____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Thomas B. Redfern_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081063
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030501
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.