PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003085499


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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 (Report of Separation from the Armed Forces of the United States) be amended to show his most significant duty assignment as the 51st Signal Battalion; to show he completed the Central Office Repairman course from July 1949 to January 1950 and the Repeaterman course from January 1950 to September 1950 (which may also require a change in his specialty in item 5 of his DD Form 214). He also requests verification of how many campaigns he was credited with, 4 or 5.

3. The applicant states he had to have completed the Central Office Repairman course in order to attend the Repeaterman course. He provides a letter from The Signal School which shows he did not complete the Repeaterman course until September 1950. He also believes his unit in Korea, the 51st Signal Battalion, was his most significant duty assignment. He was only discharged through Company C, 303d Signal Service Battalion.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources (i.e., his DD Form 214; a 5 September 1950 letter from Headquarters, The Signal School, showing he completed the Repeaterman course; Headquarters, Eighth U. S. Army, Korea General Orders Number 314 dated 15 May 1951 showing the 51st Signal Battalion was awarded the Meritorious Unit Commendation; a DA Form 1577 (Authorization for Issuance of Awards) dated 26 August 2000; and an Addendum to DA Form 1577 dated 26 August 2000).

5. The applicant enlisted in the Regular Army on 28 February 1949. He separated on 7 June 1952 in the rank of corporal after completing 3 years, 3 months, and 10 days of creditable active service with no lost time.

6. Item 5 (Specialty Number or Symbol) of the applicant's DD Form 214 shows his [military occupational] specialty as 3095. Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 5 months, and 4 days of foreign service. Where he served is not indicated on his DD Form 214.

7. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded/authorized the Meritorious Unit Emblem and the Korean Service Medal with 4 bronze service stars. Item 28 (Most Significant Duty Assignment) shows his assignment was Company C, 303d Signal Service Battalion.

8. Item 30 (Service Schools or Colleges, College Training Course and/or Post-Grad, Courses Successfully Completed) of the applicant's DD Form 214 shows he attended the Repeaterman course at the Signal School from July 1949 to January 1950.
9. A DA Form 1577 and Addendum to DA Form 1577, both dated 26 August 2000, show that the applicant was authorized issuance of the Army Good Conduct Medal, the Meritorious Unit Emblem, the National Defense Service Medal, the Korean Service Medal with 4 bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation Badge.

10. Special Regulation 615-360-1, which prescribed the policy and procedures for the preparation and distribution of separation documents during the period in question, stated that the last unit, or similar element to which the individual was assigned, rather than the element of which he was a part while moving to a separation activity, would be entered in item 28 of the DD Form 214. It also noted that assignments to units for the purpose of transfer from a theater to the United States was considered part of the movement to a separation activity.

11. Army Regulation 600-8-2 (Military Awards) provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined.

12. 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.

13. Army Regulation 600-8-22 provides for award of the Army Good Conduct Medal for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. However, there is no right or entitlement to the medal until the immediate commander makes a positive recommendation for its award and until the awarding authority announces the award in General Orders.

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and Korea. This document shows that the 51st Signal Battalion was cited for award of the Republic of Korea Presidential Unit Citation for the period 12 September 1950 through 14 July 1953 by Department of the Army General Orders Number 74, dated 1953.

15. As a matter of information, on the occasion of the 50^th 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 award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714. 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.

16. Department of the Army Pamphlet 20-21 (The Army School Catalog), dated August 1950, provided that classification in military occupational specialty (MOS) 3095 (Manual Central Office Maintenance Man) was a prerequisite to being trained in MOS 2187 (Repeaterman). It stated that the MOS 3095 course was 21 weeks in duration; the MOS 2187 course was 24 weeks in duration.

CONCLUSIONS:

1. There is no direct evidence to show what unit the applicant was assigned to while in Korea. Nevertheless, the Board accepts the coincidence that the 51st Signal Battalion was awarded the Meritorious Unit Commendation (Emblem) and the applicant's DD Form 214 lists the Meritorious Unit Emblem as evidence substantiating his contention that he was assigned to the 51st Signal Battalion while in Korea. Any reasonable doubts about this issue should be resolved in favor of the applicant.

2. In conjunction with the above, the Board also accepts the applicant's contention that he was assigned to Company C, 303d Signal Service Battalion only for the purpose of discharge and his unit of assignment was the 51st Signal Battalion. Again any reasonable doubts should be resolved in favor of the applicant. In accordance with Special Regulation 615-360-1, the last unit to which the individual was assigned, rather than the element of which he was a part while moving to a separation activity, would be entered in item 28 of the DD Form 214. Therefore, item 28 of his DD Form 214 should be amended to show his assignment as the 51st Signal Battalion.

3. The Board accepts the 5 September 1950 letter from The Signal School as verification that he completed the 24-week Repeaterman course in September 1950. That would give it a start date of around March 1950. Based upon the guidance in Department of the Army Pamphlet 20-21, the Board accepts the applicant's contention that he completed the 21-week [Manual] Central Office Repairman course prior to attending the Repeaterman Course. As that course was only 21 weeks long (approximately 5 months), the Board cannot accept that he attended this course from July 1949 to January 1950. The Board will presume, however, that he attended it from July 1949 to December 1949.

4. Since the applicant attended the Repeaterman Course (MOS 2187) last, the Board concludes that it is logical his MOS would have been changed to 2187 from 3095. Therefore, item 5 his DD Form 214 should be corrected to show his MOS as 2187.

5. The available records do not show the period the applicant served in Korea. Although his DD Form 214 shows he served 1 year, 5 months, and 4 days of foreign service, it cannot be determined if all that time was served in Korea alone. Therefore, in the absence of evidence to the contrary, the Board presumes his DD Form 214 accurately reflects that he is authorized the Korean Service Medal with 4 bronze service stars.

6. The evidence of record shows the applicant is authorized the National Defense Service Medal and the United Nations Service Medal. His DD Form 214 should be amended to add these awards.

7. Since the Board accepts the applicant's contention that he was assigned to the 51st Signal Battalion, his DD Form 214 should also be amended to add the Republic of Korea Presidential Unit Citation.

8. Although a DA Form 1577 would not normally be sufficient evidence on which to approve the addition of the Army Good Conduct Medal to the applicant's DD Form 214, the Board notes that he attained the rank of corporal and had no lost time during his 3 years of service. Therefore, the Board concludes that it would be appropriate to now add the Army Good Conduct Medal to his DD Form 214.

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

RECOMMENDATION:

That the applicant's DD Form 214 be amended:

a. in item 5 to show his MOS as 2187;

b. in item 27 to add the National Defense Service Medal, the United Nations Service Medal, the Army Good Conduct Medal, and the Republic of Korea Presidential Unit Citation;

c. in item 28 to show the applicant's assignment as the 51st Signal Battalion; and

d. in item 30 to show the applicant attended the Manual Central Office Repairman Course from July 1949 to December 1949 and the Repeaterman Course from March 1950 to September 1950, both courses given by The Signal School.

BOARD VOTE:

__lls___ __clg___ __rjw ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Luther L. Santiful__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085499
SUFFIX
RECON
DATE BOARDED	20030805
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.00
2.
3.
4.
5.
6.