PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2002081745


         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
Mr. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redfern		Chairperson
Ms. 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 that his DD Form 214 be “updated” to reflect all authorized awards and decorations. The applicant also states that he “made a combat parachute jump on March 23, 1951.”

3. The available records show that the applicant entered active duty 1 June 1950. He completed basic, infantry, and airborne training and was awarded military occupational specialty (MOS) 4812 (Heavy Weapons Infantryman). He served overseas for 3 months, 8 days. The applicant was honorably discharged from the Army on 2 November 1951 with a physical disability resulting from wounds sustained in combat.

4. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) show entitlement to the Parachutist Badge and the Korean Service Medal with 1 bronze service star.

5. The Board noted that the applicant’s records contain his 16 September 2002 letter to the National Personnel Records Center, requesting that his DD Form 214 be corrected to reflect: a) Purple Heart, b) Good Conduct Medal, c) National Defense Service Medal, d) Korean Service Medal with one bronze star,
e) Combat Infantryman Badge, f) Parachutist Badge, and g) United Nations Service Medal. The National Personnel Records Center responded by letter on 14 October 2002 advising the applicant to request correction through application to the Army Board for Correction of Military Records.

6. The Board also noted that the applicant’s records contain four separate DA Forms 1577 (Authorization for Issuance of Awards) each of which authorize issuance of different awards, decorations, and badges. Two of these DA Forms 1577 authorize issuance of the Good Conduct Medal.

7. The applicant’s records show that he was assigned to Co E, 187th Airborne Infantry Regiment from 11 March 1951 to 25 March 1951. DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, indicates that eligible members of the 187th Airborne Infantry Regiment were entitled to a bronze arrowhead device to be affixed to their Korean Service Medal for a parachute jump at Munsan-ni, Korea, on 23 March 1951. Medical records show that the applicant was wounded in the vicinity of Munsan-ni on 25 March 1951.

8. WD AGO Form 8-27 (Field Medical Card) indicates that applicant was wounded in the right ankle by enemy machinegun fire at 1300 hours on 25 March 1951, near Sunchon, Korea, [in the vicinity of Munsan-ni]. A WD AGO Form
8-27 also shows the applicant was awarded the Purple Heart based on General Order Number 8, Headquarters, 382nd General Hospital, APO 54, dated 31 March 1951.

9. The Board noted that the applicant was eligible for award of a bronze arrowhead device to be affixed to his Korean Service Medal and a bronze service star to be affixed to his parachutist badge denoting participation in a combat parachute assault.

10. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show that he had 15 days of lost time under section 6 (a), Appendix 2b, Manual for Courts Martial, 1951.

11. Army Regulation 600-8-22 (Military Awards) 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

13. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

14. 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.

15. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Paragraph 8-10g states that a bronze service star is authorized to be worn on the parachutist badge to denote a soldier’s participation in a combat parachute jump and that orders are required to confirm award of these badges. The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the soldier is assigned at the time of the assault. The regulation specifically requires that the unit must be credited with a combat assault in order for the soldiers to receive the parachutist badge with the bronze service star affixed and that each soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

16. 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.

17. 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 to “update” his DD Form 214 and correct his records to reflect all authorized awards and decorations.

2. The Board considered the award of the bronze arrowhead device to be affixed to the applicant's Korean Service Medal and award of a bronze service star to be affixed to his Parachutist Badge denoting participation in a combat parachute assault at Munsan-ni, Korea, on 23 March 1951.

3. Although there is no evidence of record which shows the applicant participated in the parachute assault on Munsan-ni, Korea, medical records and evidence show he was wounded in action in the vicinity of Munsan-ni on 25 March 1951. In as much as there was no other means of getting to Munsan-ni than in the parachute assault, the Board determined that he participated in the parachute assault and is entitled to award of a bronze arrowhead device, to be affixed to his Korean Service Medal and a bronze service star to be affixed to his Parachutist Badge. Therefore, he is entitled to correction of his records to show addition of the bronze arrowhead device on the Korean Service Medal and a bronze service star on his Parachutist Badge.

4. General Orders show that the applicant was awarded the Purple Heart. Therefore, he is entitled to correction of his records to show this decoration.

5. While there is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal, evidence of record shows that he had 15 days of lost time under section 6 (a), Appendix 2b, Manual for Courts Martial, 1951. This unauthorized absence is a disqualifying factor for award of the Good Conduct Medal. Therefore the Board determined that the applicant was disqualified by his misconduct for award of the Good Conduct Medal.

6. The applicant's service during the Korean War entitled him to award of the National Defense Service Medal. Therefore, he is entitled to correction of his records to show this decoration.

7. Evidence of record shows that the applicant served in an infantry MOS in an infantry company during the Korean War and was wounded in action during that service. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

8. Evidence of record shows that the applicant received the Korean Service Medal. As a result, the applicant is entitled to award of the United Nations Service Medal and correction of his records to show this service medal.

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9. In view of the foregoing, the applicant’s records should be corrected 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 Korean Service Medal with 1 bronze service star and the bronze arrowhead device, the Purple Heart, the Combat Infantryman Badge, the Parachutist Badge with bronze service star affixed, the National Defense Service Medal, and the United Nations Service Medal.

2. That so much of the request as pertains to award of the Good Conduct Medal is denied.

BOARD VOTE:

__JTM__ __LDS___ __TBR__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Mr. Thomas B. Redfern___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081745
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
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.