PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003087329


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. Christopher J. Prosser		Member
Mr. John T. Meixell		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 records be corrected to reflect his award of the Bronze Star Medal (BSM).

3. The applicant states that he received the award of the BSM after he separated from the service and it has never been added to his records. In support of his application he submits a copy of the citation for the BSM.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri. Information obtained from partially reconstructed records show that he was inducted in Binghampton, New York on 24 October 1950 and was trained as an infantryman.

5. He served 1 year, 4 months and 17 days of foreign service, was assigned to Company A, 179^th Infantry Regiment and was promoted to the rank of private – 2 on 24 February 1951. He was promoted to the rank of master sergeant (grade 7) on 1 June 1952, the highest enlisted rank that existed during that time. He was wounded in action against an enemy force on 27 June 1952 (gunshot wound to left foot).

6. He was honorably released from active duty (REFRAD) on 26 August 1952 at Fort Indiantown Gap, Pennsylvania, and was transferred to the Enlisted Reserve Corps (now known as the United States Army Reserve). He had served 1 year, 10 months and 2 days of active service and was awarded the Army Occupation Medal (Japan), the Combat Infantryman Badge (CIB), the Purple Heart and the Korean Service Medal with one bronze service star.

7. The citation submitted by the applicant indicates, in pertinent part, that the applicant distinguished himself as a platoon sergeant by meritorious service in connection with military operations against an armed enemy in Korea during the period of 27 March 1952 to 27 June 1952 (the date he was wounded), while assigned to Company A, 179^th Infantry Regiment, 45^th Infantry Division.

8. In the processing of this case a staff member of the board reviewed unit historical files at the National Archives in College Park, Maryland in an attempt to locate a copy of the orders awarding the applicant the BSM. However, the review failed to produce such orders.

9. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-Korean Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean Conflict.

10. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 30-54, awarded the Republic of Korea Presidential Unit Citation (ROKPUC) to the 179^th Infantry Regiment for the period of 10 December 1951 through 31 July 1953.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Korean Service Medal (KSM) is a United Nations Service Medal (UNSM) that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954. The service must have been performed while on permanent assignment, or on temporary assignment for 30 consecutive days, or in active combat against the enemy. The award of the KSM is sufficient to award the UNSM as well.

12. Army Regulation 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

13. That regulation also provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

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 Korea 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 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.

15. 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 being provided to the applicant with his copy of these proceedings. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.
CONCLUSIONS:

1. Notwithstanding that orders cannot be located or that the applicant has not provided orders awarding him the BSM, the Board is convinced that the citation he provides is authentic and that he was in fact awarded the BSM. Accordingly, it should be added to his report of separation (DD Form 214).

2. The Board also notes that the applicant was entitled to be awarded the NDSM, the UNSM and the ROKPUC and finds that it would be in the interest of justice to do so at this time.

3. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 24 October 1950 to 26 August 1952. This conclusion is based on the fact that the applicant advanced from the lowest enlisted rank to the highest enlisted rank in less than 2 years and was awarded the BSM after his separation.

4. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected: by showing that the individual concerned was awarded the BSM, by awarding him the NDSM, the UNSM and the ROKPUC; and by awarding him the AGCM for his service during the period of 24 October 1950 to 26 August 1952, when he was REFRAD in the rank of master sergeant.

BOARD VOTE:

___jm___ __sk____ __cjp____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  _____Stanley Kelley______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087329
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/09/11
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 60	107.0014/BSM
2. 138	107.0092/ROKPUC
3. 102	107.0056/AGCM
4. 131	107.0085/UNSM
5.
6.