RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 March 2004
      DOCKET NUMBER:   AR2003091311


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Mae M. Bullock                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award
of the Bronze Star Medal (BSM), the “Korean Presidential Unit Citation, and
the Korean Defense Commemorative Medal.”

2.  The applicant states that he feels he should be awarded the above-
mentioned awards.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States) and copies of several documents
citing the accomplishments of the unit he was assigned to during the Korean
War.  He also provides the original copy of National Archives and Records
Administration Form 13105, NPRC Search Request and Reply, dated 25 August
1998.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 21
April 1954. The application submitted in this case is dated 12 May 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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The available records show that the applicant was inducted in the Army
on 22 July 1952 and served as an infantryman in Korea for 10 months and 12
days. Morning reports show that he was assigned to Company B, 461st
Infantry Battalion (Heavy Mortar) from January to July 1953.  He was
honorably separated from the Army on 21 April 1954 after completing 1 year
and 9 months of creditable service.  Block 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 shows award of the Korean Service Medal with two bronze service
stars, the Combat Infantryman Badge, the National Defense Service Medal,
and the United Nations Service Medal.  No other awards or decorations are
listed.
5.  The applicant requested correction of his records to show award of the
BSM.  There are no orders, or other evidence, authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the BSM under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Korean government awards the Republic of Korea Presidential Unit
Citation.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

8.  SECNAV INSTRUCTION 1650.1G (Navy and Marine Corps Awards Manual)
provides, in pertinent part, for award of the Navy Unit Commendation to any
unit of the Navy or Marine Corps which has distinguished itself by
outstanding heroism in action against the enemy, but not sufficient to
justify the award of the Presidential Unit Citation; or to any such unit
which has distinguished itself by extremely meritorious service not
involving combat but in support of military operations, rendering the unit
outstanding compared to other units performing similar service.  This award
may also be conferred upon units of the other branches of the Armed Forces
of the United States, provided that such units meet the standards
established for Navy and Marine Corps units.  To justify this award, the
unit must have performed service of a character comparable to that which
would merit the award of a Silver Star Medal for heroism or a Legion of
Merit for meritorious service to an individual. Normal performance of duty
or participation in a large number of combat missions does not in itself
justify the award.  An award will not be made to a unit for actions of one
or more of its component parts, unless the unit performed uniformly as a
team in a manner justifying collective recognition.

9.  Army Regulation 600-8-22 provides, in pertinent part, that all approved
unit awards by other service departments will be confirmed in Department of
the Army General Orders.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) provides, in pertinent part, for the permanent wear of other U.S.
services’ unit awards for members of a unit who participated in the cited
action.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by the units
that served in the Korean conflict.  This document shows the unit, to which
the applicant was assigned, was cited for the following unit awards while
he was assigned to the unit: the Distinguished Unit Citation for actions on
13 June 1953 by Department of the Army General Orders Number 11-54; and,
the Navy Unit Commendation for actions during the periods 11 August 1952 to
5 May 1953 and 7 to 27 July 1953 by Department of the Army General Orders
Number 38-57.

12.  The Korea Defense Service Medal is authorized to members of the armed
forces who have served on active duty in support of the defense of the
republic of Korea from 28 July 1954 to a date to be determined.  The area
of eligibility encompasses all land area of the republic of Korea, and the
contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This qualifying period is 3 years.  However, effective 27 June
1950, the qualifying period was modified to include a period of less than 3
years but more than one year when the period for the first award ended with
the termination of a period of Federal military service.  Although there is
no automatic entitlement to the Good Conduct Medal, disqualification must
be justified.

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 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.  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.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that shows that the unit, to which the applicant
was assigned, was awarded the Republic of Korea Presidential Unit Citation
while he was assigned to the unit.  Therefore, he is not entitled to this
unit award.

2.  General Orders show that the applicant’s unit was awarded the
Distinguished Unit Citation while he was assigned to the unit.  Therefore,
he is entitled to correction of his records to show this unit award.

3.  General Orders show that the applicant’s unit was awarded the Navy Unit
Commendation while he was assigned to the unit.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  The applicant’s service personnel records show that he did not serve in
Korea subsequent to 28 July 1954.  Therefore he is not entitled to the
Korea Defense Service Medal.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 July 1952 through 21 April 1954 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  There is no evidence the applicant was
disqualified by his unit commander for award of the Good Conduct Medal.
There is no indication of indiscipline in his service personnel record and
there is no evidence that the applicant had any lost time while on active
duty.  Therefore, he is entitled to correction of his records to show this
award.


BOARD VOTE:

____jns__  ___phm_  ____mmb  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 award of:

      a. the Distinguished Unit Citation;


      b. the Navy Unit Commendation; and,


      c. the first award of the Good Conduct Medal for the period 22 July
1952 through 31 October 1952.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to:

      a. the Republic of Korea Presidential Unit Citation; and,


      b. the Korea Defense Service Medal.





            __________John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091311                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040311                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |