PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003091490


         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. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Mr. Harry B. Oberg		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 his DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to show that he volunteered to serve in Korea during the Korean War. The applicant also submitted a request to amend his DD Form 149, Application for Correction of Military Record, and requested that he be awarded all medals to which he is entitled.

3. The applicant states, in effect, that in Block 17 (Means of Entry Other than by Induction) of his DD Form 214 an entry appears that states, "1 yr invol ext Pl 624" and that there must be a signed extension of his having volunteered for service in Korea. He wants his record to state that because it is the right thing to do.

4. In support of his amended application, the applicant submits a copy of his DD Form 214, with an effective date of separation of 14 January 1953; and a copy of his WD AGO Form 53, Enlisted Record and Report of Separation, Honorable Discharge, with an effective date of 2 July 1949.

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 records show that he enlisted in the Regular Army for 3 years on 3 July 1946. Following completion of all required training, he was awarded the military occupational specialty, 745, Rifleman.

7. On 22 October 1946, the applicant departed the United States and was sent to Leghorn, Italy. He arrived there on 1 November 1946 and returned to the United States on 28 May 1948.

8. The applicant was honorably separated from active duty on 2 July 1949 at Fort Benning, Georgia, in the rank of Private First Class under the provisions of Army Regulation (AR) 635-360, at the expiration of his term of service. His WD AGO Form 53 shows that he was awarded the World War II Victory Medal and the Army of Occupation Medal.

9. The applicant again enlisted in the Regular Army on 1 November 1949 for a period of three years in Duluth, Minnesota. He was trained and assigned in the military occupational specialty, 1745, Field Clerk. He performed duty overseas in Alaska, Japan, and in the Republic of Korea during the Korean War Era.

10. According to the Hospital Admission Card Data File created by the Office of the Surgeon General, Department of the Army, and made available to the

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National Personnel Records Center, by the National Research Council, the applicant was treated and released back to his unit for duty for an illness while he was in Japan in March 1952.

11. The Hospital Admission Card Data File also shows that the applicant was treated on 10 August 1952 and restricted to quarters for two days in his unit, Company F, 5th Infantry Regiment, 71st Infantry Division, for an illness while he was in Korea. The applicant was seen again by medical personnel on 16 August 1952 and was released back to his unit for duty.

12. The applicant's DD Form 214 reflects that he was discharged under the provisions of Army Regulation 615-360 and Department of the Army Circular 38, dated 1952, in the rank of Corporal, on 14 January 1953. His DD Form 214 shows that he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge during this period of service.

13. Block 17 of the applicant's DD Form 214 shows that he was involuntarily extended on active duty in the Army for one year beyond his normally scheduled expiration of term of service (ETS) in accordance with Public Law 624. The applicant enlisted for a period of three years on 1 November 1949. The applicant's normal ETS, without involuntary extension, would have been 31 October 1952.

14. AR 600-8-22 provides, in pertinent part, for award of the Honorable Service Lapel Button for honorable Federal service between 8 September 1939 and 31 December 1946.

15. The above regulation also 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, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

16. This same regulation provides for award of the Army of Occupation Medal for service in Japan, to include service in the Japanese Home Islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

17. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was

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assigned to a unit, Company F, 5th Infantry Regiment, 71st Infantry Division, which was awarded the Republic of Korea Presidential Unit Citation for the period 31 July 1950 through 27 July 1953 by Department of the Army General Order Number 49, dated 1954.

18. 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.

19. Service Regulation (SR) 615-360-1, in effect at the time of the applicant's discharge, prescribed policies and procedures regarding the preparation and distribution of separation documents.

20. On 27 July 1950, President Truman signed Public Law 624, which involuntarily extended all armed forces enlistments for a period of one year. Fifty thousand male citizens who were registered with their respective draft boards received their draft notices and were ordered to report for training in September the same year.

CONCLUSIONS:

1. The applicant served honorably during the qualifying period specified for award of the Honorable Service Lapel Button. Issuance of the lapel button is not recorded in Block 55 (Remarks) of the applicant's WD AGO Form 53. It would be appropriate to award the Honorable Service Lapel Button to the applicant and to amend the WD AGO Form 53 with an effective date of 2 July 1949 to show this award at this time.

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2. 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 (between 27 June 1950 through 27 July 1954.) This award is not shown on his DD Form 214 with an effective date of 14 January 1953. The applicant is therefore entitled to award of the National Defense Service Medal and to have it shown on his separation document.

3. According to the Hospital Admission Card Data File, the applicant was assigned to a unit, Company F, 5th Infantry Regiment, 71st Infantry Division, during the time 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. The Hospital Admission Card Data File, also shows that the applicant was assigned in Japan in March 1952 and as such qualifies for award of the Army of Occupation Medal with Japan Clasp. This award is not shown on his DD Form 214. It would be appropriate to add this award to his DD Form 214 at this time.

5. SR 615-360, which prescribed policies and procedures regarding the preparation and distribution of separation documents made no provision for recording whether a soldier volunteered for service in overseas locations, to include assignment to a combat or a hostile fire zone. Therefore, the applicant's separation document will not be amended to show that he volunteered for service in Korea during the Korean War.

6. The applicant was directly affected by the involuntary extension of enlistment contracts, for a period of one year, under Public Law 624, in 1950. The entry found in block 17 is intended to document this event and not the applicant's alleged submission of a request to be sent to a combat or hostile fire zone.

7. 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 Honorable Service Lapel Button and by adding this award to his separation document with an effective date of 2 July 1949.

2. That the applicant be awarded the National Defense Service Medal, the Army of Occupation Medal with Japan Clasp and the Republic of Korea Presidential

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Unit Citation and by having these awards added to his DD Form 214 with a date of separation of 14 January 1953.

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

BOARD VOTE:

__hbo___ ___tl____ ___ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091490
SUFFIX
RECON
DATE BOARDED	2003/08/28
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000/ DE
2. 115	107.0069/ NDSM
3.
4.
5.
6.