PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2003085695


         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. Raymond V. O'Connor		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Patrick H. McGann		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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to add the United Nations Service Medal, the Lapel Button for World War II, the Prisoner of War (POW) Medal, and to show he is authorized to wear 2 or 3 bronze service stars with the Korean Service Medal. He was also told that he was awarded the Bronze Star Medal.

3. The applicant states that he was a member of Company K, 19th Infantry Regiment, 24th Infantry Division from November 1950 until he was captured on 24 April 1951. He served during 3 major campaigns.

4. The applicant’s military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant enlisted in the Regular Army on 13 September 1946 and was separated on 29 December 1947. His WD AGO Form 53 (Enlisted Record and Report of Separation) shows, in item 55 (Remarks), that he was issued the Lapel Button.

6. The applicant reentered active service on 12 October 1950. On an unknown date, he arrived in Korea and was assigned to Company K, 19th Infantry Regiment, 24th Division. An AFFE Form 548(OT) (Personal Data Sheet) dated 12 August 1953 shows he was captured on 24 April 1951. He returned to military control on 12 August 1953.

7. Office of The Surgeon General Hospital Admission Cards show the applicant was hospitalized on 12 August 1953 for 17 days for treatment of bronchitis, dental caries, and deviation of his nasal septum. He was not evacuated to the States.

8. The applicant separated on 9 October 1953. His DD Form 214 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal with 1 bronze service star, and the United Nations Service Medal. Item 26 (Foreign and/or Sea Service) of his DD For 214 shows he served 2 years, 9 months, and 13 days of foreign service.

9. A DA Form 1577 (Authorization for Issuance of Awards) dated 10 September 2002 authorized issuance to the applicant of, among other awards, the Bronze Star Medal.

10. Army Regulation 600-8-22 provides Army policy and criteria concerning individual military decorations. It provides for the award of the POW Medal to soldiers who were taken prisoner and held captive while engaged in an action against an enemy of the United States. It will only be awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army.

11. Army Regulation 600-8-22 provides for award of the Korean Service Medal for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. One bronze service star is authorized for each campaign; however, POWs will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.

12. Army Regulation 600-8-2 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.

13. Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean War. This document shows that the 19th Infantry Regiment, 24th Infantry Division was awarded campaign credit for the Chinese Communist Forces Intervention (3 November 1950 through 24 January 1951); for the First United Nations Counteroffensive (25 January through 21 April 1951); and for the Chinese Communist Forces Spring Offensive (22 April through 8 July 1951).

15. Department of the Army Pamphlet 672-1 also shows that Company K, 19th Infantry Regiment, 24th Infantry Division was awarded the Distinguished Unit Citation (later redesignated the Presidential Unit Citation) for the period 18 through 23 April 1951 by Department of the Army General Orders Number 41, dated 1952.

16. Special Regulation 615-360-1, dated 24 June 1953, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution of the various forms required. In pertinent part, it stated that item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) would list the decorations or citations received during the period covered by the DD Form 214.

17. 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.

CONCLUSIONS:

1. The applicant was issued the Lapel Button for his World War II service and it is entered on his WD AGO Form 53-55. As it was not issued during his period of service during the Korea War, it is not authorized for entry on his DD Form 214.

2. The United Nations Service Medal is already entered on the applicant's DD Form 214.

3. There is evidence of record to show the applicant was a POW. It would be appropriate to add the POW Medal to (and enter other POW information in the Remarks section on) his DD Form 214.

4. It appears an error was made when the applicant was authorized issuance of the Bronze Star Medal on the DA Form 1577. There is no evidence of record and he provides none to show he was awarded the Bronze Star Medal (nor does he contend that he was awarded the Bronze Star Medal). Award of the Bronze Star Medal was authorized based upon award of the Combat Infantryman Badge during World War II. However, the applicant was awarded the Combat Infantryman Badge for his service in the Korean War, not for his World War II service, and it appears the individual who prepared the DD Form 1577 confused the two periods of service.

5. The applicant was erroneously issued the Bronze Star Medal and it would not be appropriate to add it to his DD Form 214.

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6. The evidence of record shows the applicant met the eligibility criteria for award of the National Defense Service Medal. His DD Form 214 should be amended to add this award.

7. The applicant was assigned to a unit during a period of time that unit was awarded the Distinguished Unit Citation, currently designated the Presidential Unit Citation. His DD Form 214 should be amended to add the Presidential Unit Citation.

8. The evidence of record shows the applicant was returned to military control on 12 August 1953 and hospitalized, without being evacuated to the States, on that date for 17 days. Therefore, the latest date of his foreign service that can be verified is 29 August 1953. His DD Form 214 shows he served 2 years, 9 months, and 13 days of foreign service:

         53 08 29
- 2 9 13
= 50 11 16

9. It appears the applicant arrived in Korea on or about 16 November 1950. It is possible he served in another overseas area (e.g., Japan) for a portion of that time; however, the Board concludes that any doubt concerning when he arrived in Korea should be resolved in favor of the applicant.

10. Therefore, the Board concludes that the applicant met the campaign participation credit for the Chinese Communist Forces Intervention (3 November 1950 through 24 January 1951); the First United Nations Counteroffensive (25 January through 21 April 1951); and the Chinese Communist Forces Spring Offensive (22 April through 8 July 1951). Thus, the Board further concludes that he is authorized to wear 3 bronze service stars on the Korean Service Medal.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to add the POW Medal, the National Defense Service Medal, and the Presidential Unit Citation and to show he is authorized to wear 3 bronze service stars on the Korean Service Medal.

2. That the entry, "Prisoner of War, Company K, 19th Infantry Regiment, 24th Infantry Division, Korea, captured 24 April 1951, released 12 August 1953" be added to the Remarks section of the applicant's DD Form 214.

3. That so much of the application as pertains to the Lapel Button and the United Nations Service Medal be denied.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085695
SUFFIX
RECON
DATE BOARDED	20030703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	110.04
2.
3.
4.
5.
6.