RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 13 NOVEMBER 2003
         DOCKET NUMBER: AR2003087193


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Ronald E. Blakely		Member
Ms. Eloise C. Prendergast		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).

---

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his 1970 Department of Defense Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Purple Heart and Combat Infantryman Badge and any other decorations.

2. The applicant states that he was awarded the Purple Heart and Combat Infantryman Badge while in a hospital in Japan but that information is not reflected on his separation document.

3. The applicant provides photographs of him wearing his Combat Infantryman Badge during a reenlistment ceremony in 1966. He also submits photographs taken in 1953 during a breakfast and dinner recognizing recipients of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
22 October 1970. The application submitted in this case is dated 26 January 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. Records available to the Board indicate that the applicant entered active duty in 1948 and served continuously, via a series of reenlistments, until his retirement on 22 October 1970. His records contain three separation documents covering his military service between 8 February 1955 and 7 February 1961, between 8 February 1961 and 6 December 1966, and between 7 December 1966 and 22 October 1970. His 1961 separation document was subsequently corrected to include his military service commencing on 28 January 1948.

4. In the summer of 1950, the applicant was deployed to Korea as a light weapons infantryman with Company L, 9^th Infantry Regiment as part of a unit deployment action from Fort Lewis, Washington.




5. On 19 August 1950 orders were issued by the 9^th Infantry Regiment awarding the applicant the Combat Infantryman Badge effective 13 August 1950. The badge, however, was never recorded on any of his three separation documents.

6. On 30 November 1950 the applicant was lightly wounded in action and ultimately evacuated to a military hospital in Japan and award the Purple Heart. His award of the Purple Heart was confirmed in orders issued by the 155^th Station Hospital in Japan on 6 December 1950. His entitlement to the Purple Heart was also not reflected on any of his three separation documents.

7. Following the applicant’s return to duties, it does not appear that he returned to the combat zone in Korea, but rather assumed duties as a physical reconditioning specialist and duty foreman in Japan, before ultimately returning to the United States in April 1952. He continued to serve in a variety of capacities within a variety of military organizations until he retired in 1970.

8. The applicant’s 1961 separation document confirms his qualification as a sharpshooter with the M-1 rifle and as a marksman with the carbine. His 1966 separation document confirms his award of the Army Good Conduct Medal and two awards of the National Defense Service Medal; one for the Korea War Era and one for the Vietnam War Era.

9. His 1970 separation document reflects award of the Army Commendation Medal, awarded for meritorious service in 1970, award of two Army Good Conduct Medals and his entitlement to two National Defense Service Medals.

10. His award of the Purple Heart, Combat Infantryman Badge, and other decorations, which would have been associated with his service in Korea, were not reflected on any of his separation documents.

11. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

12. Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal (UNSM). 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. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes that the applicant’s unit of assignment while in Korea (9^th Infantry Regiment) was awarded two awards of the Republic of Korea Presidential Unit Citation and participated in three designated campaign periods (UN Defensive, UN Offensive and CCF Intervention) while the applicant was a member of the organization and prior to his being wounded in action and evacuated. His campaign participation should be reflected as three bronze service stars on his Korean Service Medal.

14. 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 award to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans.

15. 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 or their surviving next of kin. To apply, veterans must provide a copy of their discharge paper (Department of Defense 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 separation document.

DISCUSSION AND CONCLUSIONS:

1. The evidence confirms that the applicant was awarded the Purple Heart and Combat Infantryman Badge. His records should be corrected accordingly.

2. The evidence also confirms that the applicant is entitled to the Korean Service Medal with three bronze service stars, the United Nations Service Medal, and






two awards of the Republic of Korea Presidential Unit Citation, all of which were omitted from his separation documents.

BOARD VOTE:

__AAO __ __REB__ __ECP __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing:

a. he was awarded the Purple Heart and Combat Infantryman Badge; and

b. by showing that he is entitled to the United Nations Service Medal, the Korean Service Medal with three bronze service stars, and two awards of the Republic of Korea Presidential Unit Citations.





                  ___Arthur A. Omartian_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003087193
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031113
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.