PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2003087222


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Marla J. N. Troup		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 the Purple Heart 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 the Purple Heart was left off Item 25 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, Report of Separation from the Armed Forces of the United States.

4. In support of his application, the applicant submitted a copy of his DD Form 214, with an effective date of separation of 7 April 1952; a copy of the certificate awarding him the Purple Heart; and a copy of a newspaper photo showing him and a Member of Congress after he was awarded the Purple Heart.

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 records and from alternate sources.

6. The applicant's DD Form 214 reflects that he was separated under the provisions of Army Regulation 615-365, in the rank of Sergeant, on 7 April 1952, for the convenience of the Government. His DD Form 214 shows that he was awarded the Army of Occupation Medal with Japan Clasp (incorrectly identified as the Japan Occupation Medal), the Distinguished Unit Citation (now known as the Presidential Unit Citation), the Combat Infantryman Badge, the Bronze Star Medal, and the Korean Service Medal with three bronze service stars, during his service.

7. The applicant was awarded the Purple Heart for wounds received as a result of hostile action on 19 September 1950, by Permanent Orders 259-05, published by the US Total Army Personnel Command on 16 September 1999. The Office of The Adjutant General prepared a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, on 28 March 2000, which adds the Purple Heart to Item 27 of the applicant's DD Form 214.

8. The applicant submitted a copy of a newspaper photograph with a caption, which identifies the applicant and a Member of Congress following a ceremony in which the applicant received the Purple Heart. Because the Purple Heart has been added to the applicant's DD Form 214, this issue will not be discussed further in these Proceedings.

9. Army Regulation 600-8-22, provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period

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between 27 June 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.10. This same regulation 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.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit, Company K, 21st Infantry Regiment, 24th Infantry Division, which was awarded the Republic of Korea Presidential Unit Citation for the period 2 through 22 July 1950 by Department of the Army General Order
Number 35, dated 1951.

11. The applicant's unit was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 2 July through 15 September 1950. This unit citation is shown on the applicant's DD Form 214.

12. The applicant was contacted by a member of the staff to determine the exact date of his arrival in Korea. The applicant reported without hesitation that he was a member of "Task Force Smith" and arrived in Korea in 2 July 1950.

13. A copy of the Morning Report for Company K, 21st Infantry Regiment, is in the applicant's reconstructed records. This report indicates that the he was promoted from Private First Class to Corporal with a date of rank and effective date of 2 August 1950, per paragraph 25, Special Orders 165 published by the 21st Infantry Regiment.

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 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

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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. The evidence of record shows that the applicant served on active duty during one of the qualifying periods during which the National Defense Service Medal was awarded. This award is not shown on his DD Form 214. The applicant is therefore entitled to award of the National Defense Service Medal and to have it shown on his separation document.

2. The applicant served in direct support of United Nations actions in support of military operations in Korea during the qualifying period. He is therefore entitled to award of the United Nations Service Medal and to have it shown on his separation document.

3. The applicant was assigned to a unit, Company K, 21st Infantry Regiment, 24th Infantry Division. His unit was awarded the Distinguished Unit Citation for the period 2 July through 15 September 1950. This award is shown on his DD Form 214. He was promoted to Corporal on 2 August 1950. The applicant states that he arrived in Korea on 2 July 1950. Collectively, these facts, add credence to his stated arrival date in Korea. The Board therefore concludes that he was assigned to a unit, Company K, 21st Infantry Regiment, during the time for which it was cited for award of the Republic of Korea Presidential Unit Citation. This unit award is not shown on his DD Form 214. It would be appropriate to add this unit award to his DD Form 214 at this time.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation and by having these awards added to his DD Form 214.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __hof___ __mjnt__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087222
SUFFIX
RECON
DATE BOARDED	20030617
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.