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Decision Text

ARMY | BCMR | CY2003 | 2003086528C070212
Original file (2003086528C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 June 2003
         DOCKET NUMBER: AR2003086528


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Ronald E. Blakely Member
Mr. Frank C. Jones, II 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 Commendation Ribbon with Metal Pendant (now known and hereafter referred to as the Army Commendation 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 Army Commendation Medal for meritorious service and wants it added to his DD Form 214.

4. The applicant submitted a copy of his DD Form 214, with an effective date of separation of 20 June 1953, and a copy of the awards certificate to support 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 personnel records and from alternate sources.

6. The applicant's DD Form 214 reflects that he was honorably separated on 20 June 1953, in the rank of Corporal, from the Army of the United States under the provisions of Army Regulation 615-365, for the convenience of the government, and transferred to the US Army Reserve to complete his military service obligation under the Universal Military Training and Service Act. His DD Form 214 shows that he was awarded the, the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge during his active duty service.

7. The applicant's Combat Infantryman Badge was awarded in paragraph 35, Special Orders 179, published by the 223rd Infantry Regiment, 40th Infantry Division on 16 November 1952.

8. According to DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, the applicant's unit, the 223rd Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 22 January 1952 through 15 January 1954 by Department of the Army General Orders Number 50, dated 1954. This unit citation was awarded the applicant's unit after he had been separated from the Army.

9. The certificate, which awards the applicant the Army Commendation Medal to the applicant for meritorious service for the period 2 October 1952 through 15 April 1953, bears the signature of Robert T. Stevens who served as the Secretary of the Army for the period 4 February 1953 through 21 July 1955.


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 June 1950 through 27 July 1954 and 1 January 1961 through
14 August 1974, and 2 August 1990 through 30 November 1995. The applicant served on active duty during the period 26 June 1951 through 20 June 1953.

11. 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 absence of orders that awarded the applicant the Army Commendation Medal, the Board accepts the copy of the awards certificate as valid. The applicant is therefore entitled to have the already-awarded Army Commendation 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 June 1951 through 25 October 1951 which overlaps the period for this award. He is therefore entitled to have this award added to his DD Form 214.

3. The applicant served with the 223rd Infantry Regiment at the time it was cited for award of the Republic of Korea Presidential Unit Citation. He is therefore eligible for award of this unit citation and to have it shown on his DD Form 214.

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. adding the already-awarded Army Commendation Medal to the applicant's DD Form 214; and

b. awarding the applicant the National Defense Service Medal and the Republic of Korea Presidential Unit Citation and having these awards added to his DD Form 214.

BOARD VOTE:

___mkp__ __reb___ __fcj___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003086528
SUFFIX
RECON
DATE BOARDED 20030624
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 107.0020
3.
4.
5.
6.



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