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Decision Text

ARMY | BCMR | CY2003 | 2003084691C070212
Original file (2003084691C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2003084691


         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. Luis Almodova Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Mark D. Manning Member
Mr. Robert L. Duecaster 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.


2. The applicant requests, in effect, that the Bronze Star Medal be added to his
DD Form 214, Report of Separation from the Armed Forces of the United States.

3. The applicant states, in effect, that he was awarded the Bronze Star Medal after he was discharged from the Army.

4. The applicant submitted a copy of his DD Form 214, with an effective date of separation of 1 September 1951, a copy of the Bronze Star Medal Award Certificate, and a copy of the citation for award of the Bronze Star Medal, in support of his application.

5. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records and other sources.

6. The applicant's DD Form 214 reflects that he was honorably released from active duty in the rank of Sergeant First Class after having completed 11 months and 6 days active military service during this period of service and a total of
6 years and 10 months, total service for pay purposes. He was released to return to the Enlisted Reserve Corps under the provisions of Service Regulation 615-363-5. His DD Form 214 shows that he was awarded the Korean Service Medal with 3 bronze service stars, the Good Conduct Medal [misidentified as the Good Conduct Ribbon], and the Combat Infantryman Badge.

7. The Board noted that the applicant had previously served on active duty in the Army of the United States as a Supply Clerk. He had been inducted on
3 November 1944 and was honorably discharged from the Army of the United States on 8 August 1946 in the rank of Sergeant, in accordance with Army Regulation 615-365, for the convenience of the Government, at Demobilization. He had served in the European Theater of Operations, arriving in Europe on
8 April 1945 and departing for the United States on 25 July 1945. He was awarded the American Theater Service Medal [correctly known as the American Campaign Medal], the European-Asiatic-Middle Eastern Service Medal, the Good Conduct Medal, the World War II Victory Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M1, 30-Caliber), and the Honorable Service Lapel Button.

8. The Bronze Star Medal was awarded to the applicant when he had attained the rank of Sergeant First Class; however, the meritorious service for which he was cited, for the period 10 March through 28 July 1951, was performed while he was serving in the rank of Corporal with C Company, 21st Infantry Regiment, 24th Infantry Division, in Korea, as a Squad Leader.


9. The Bronze Star Medal Award Certificate, which was awarded the applicant, bears the signature of the (then) Secretary of the Army for the period 12 April 1950 through 20 January 1953. Copies of general orders are not available. It is believed that they were lost or destroyed in the National Personnel Records Center fire of 1973.

10. 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.

11. The above regulation also provides for award of the United Nations Service Medal. The period of eligibility for award of the United Nations Service Medal was established as 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.

12. 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 heroic 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. 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 provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.

CONCLUSIONS:

1. Notwithstanding the lack of general orders, the evidence of record supports the applicant's contentions that he was awarded the Bronze Star Medal after he was released from active duty. The applicant is therefore entitled to have the Bronze Star Medal added to his DD Form 214.

2. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 26 September 1950 through 1 September 1951; therefore, he is also entitled to correction of his record to show this award.

3. The applicant is entitled to award of the United Nations Service Medal for his honorable service in support of United Nations actions in direct support of military operations in Korea during the period from 26 September 1950 through
1 September 1951; therefore, he is also entitled to correction of his record to show this award.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

a. awarding the applicant the National Defense Service Medal and the United Nations Service Medal, then adding these awards to the applicant's
DD Form 214; and

b. amending the applicant's DD Form 214 to add the Bronze Star Medal to his DD Form 214.

BOARD VOTE:

__sac___ __mdm___ __rld___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003084691
SUFFIX
RECON
DATE BOARDED 20030508
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 107.0014
3.
4.
5.
6.



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