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ARMY | BCMR | CY2003 | 2003085092C070212
Original file (2003085092C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003085092


         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. Arthur A. Omartian Chairperson
Mr. Harry B. Oberg Member
Mr. Thomas Lanyi 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 correction of his records to show the Presidential Unit Citation for valor and the Meritorious Unit Commendation.

3. The applicant states that these awards were not listed on his DD Form 214 (Report of Separation from Active Duty). He submitted a supplemental letter in support of his application.

4. The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records. His reconstructed records consist primarily of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards), dated 18 September 1989.

5. The applicant's reconstructed records show he entered active duty on 22 August 1949 and was honorably discharged on 22 April 1955. He reenlisted on 23 April 1955 for a period of six years. He served in Korea and Germany; however, there is no documentation which shows the specific arrival and departure dates for each of these tours of duty. The applicant was honorably discharged from active duty on 26 March 1957.

6. The applicant's DD Form 214 does not show the Presidential Unit Citation or the Meritorious Unit Commendation as authorized awards. His discharge document only shows entitlement to the National Defense Service Medal.

7. There is no evidence available to the Board which shows the dates in which the applicant served during the Korean War. His DD Form 214 shows he completed 2 years, 3 months and 3 days of foreign service.

8. The applicant's reconstructed records contain an endorsement dated 26 January 1957, "Subject: Recommend Elimination from the Service UP Para 1 and Sub Para C-1 and 3, AR 635-208," which shows he participated in the Second Korean Winter Campaign (23 July 1952 to 4 October 1952) and the Korea Summer-Fall Campaign (25 July 1953 to 27 July 1953).

9. The applicant's reconstructed records contain a letter dated 9 May 1989 from the Department of Veterans Service in Athens, Georgia. This letter indicates that the applicant was assigned to Battery A, 17th Field Artillery Battalion in the middle of June 1952 and was medically evacuated to the U.S. Army Hospital in Kayota, Japan in September 1952. This letter also indicates that he was transferred back to Korea in February 1953 and was assigned to the 11th Evacuation Hospital until 23 December 1953. There is no other documentation available to the Board which shows the applicant was assigned to Battery A, 17th Field Artillery Battalion and the 11th Evacuation Hospital during the Korean War.

10. 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.

11. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

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 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. 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 notes the letter from the Department of Veterans Service which indicates that the applicant was assigned to Battery A, 17th Field Artillery Battalion and the 11th Evacuation Hospital during the Korean War. However, this document alone is not sufficient as a basis to verify the specific units to which the applicant was assigned during the Korean War.

2. In the absence of evidence of record, the Board is unable to determine the applicant's entitlement to the Presidential Unit Citation and the Meritorious Unit Commendation. Therefore, there is no basis for correcting his records to show these unit awards.

3. The Board notes that the DA Form 1577, dated 18 September 1989, authorized issuance of the National Defense Service Medal, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation to the applicant. However, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation are not shown on his discharge document. Therefore, the Board has determined that it would be appropriate to correct the applicant's DD Form 214 to show the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

4. 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 adding the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation to the applicant's DD Form 214.

2. That so much of the application as it relates to the Presidential Unit Citation and the Meritorious Unit Commendation be denied.

BOARD VOTE:

AAO____ HBO_____ TL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON




INDEX

CASE ID AR2003085092
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030828
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.


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