RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 March 2005
      DOCKET NUMBER:  AR20040003785


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathan K. Rost              |     |Member               |

      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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the Parachutist
Badge, the Combat Infantryman Badge, the Korean Service Medal with 2 bronze
service stars, the United Nations Service Medal, the National Defense
Service Medal, the Army Good Conduct Medal, overseas bars, and the Korean
War Service Medal.

2.  The applicant states that the National Personnel Records Center sent
him one page of a document that shows he was on the roster of the 187th
Airborne Regimental Combat Team in July 1952.  He has obtained affidavits
from four individuals who can attest to this assignment to Company K, 187th
Airborne Regiment Combat Team from 1952 to 1954.

3.  The applicant provides his DD Form 214, four affidavits, and a letter
from Headquarters and Headquarters Company, 3d Brigade, 101st Airborne
Division (Air Assault) dated 16 April 2004 congratulating him on his
selection as a Distinguished Member of the 187th Infantry Regiment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on     25 June 1957.  The application submitted in this case is dated 1
July 2004.

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 applicant enlisted in the Regular Army on 7 September 1951.

5.  A unit roster provided by the National Personnel Records Center shows
the applicant was assigned to Company K, 187th Airborne Infantry Regiment
in July 1952 as an infantryman in military occupational specialty 4745
(Light Weapons Infantryman).

6.  The applicant provided an affidavit from his former squad leader in the
4th Squad, 3d Platoon, Company K of the 187th Airborne Regimental Combat
Team, former Corporal O___.  This individual certified that the applicant
was a member of his squad as Assistant Squad Leader as well as gunner of
the 3.5 rocket launcher team.  He also certified that the applicant
participated in all of their parachute jumps and all the training near
Beppu, Japan and took part in the deployments to Korea where the 187th
Airborne Regimental Combat Team engaged in combat activities.  He certified
that he (Corporal O___) was wounded and evacuated on 15 July 1953, at which
time the applicant was appointed the Squad Leader on the spot.  Corporal
O___ provided his own DD Form 214 to verify that he himself was assigned to
the 187th Airborne Regimental Combat Team.

7.  The applicant provided an affidavit from a member of the 3d Squad, 3d
Platoon, Company K, 187th Regimental Combat Team.  This individual stated
that he met the applicant when he transferred to the 3d Squad (the
applicant being in the 4th Squad) around early 1952.  He states that they
made some parachute jumps when they moved north to Taegu and from there
they moved to the front lines.

8.  The applicant provided an affidavit from a fellow 3d Platoon comrade
(who provided his own DD Form 214, from when he was medically retired as a
major in 1974, to show he had been assigned to Korea during the Korean
War).  This individual stated that he distinctly recalls that the applicant
and he were part of a Company K ceremony in Japan when they were both
awarded the Combat Infantryman Badge.  He recommended the applicant's
records be corrected to show he was awarded the Parachutist Badge, the
Combat Infantryman Badge, the Korean Service Medal with 2 bronze service
stars, the National Defense Service Medal, the United Nations Service
Medal, and overseas bars.

9.  The applicant also provided an affidavit from his commander at Fort
Campbell, KY.

10.  The applicant was released from active duty on 25 June 1957 after
completing 5 years, 10 months, and 12 days of creditable active service
with       7 days of lost time.  Item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his
DD Form      214 shows he was awarded the National Defense Service Medal.
11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, it 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 also authorizes a bronze service star, based
on qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate campaign or service medal including the Korean Service
Medal.

13.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, it states that the period of eligibility
for the United Nations Service Medal was between 27 June 1950 and 27 July
1954.  It 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.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

15.  Army Regulation 600-8-22, in pertinent part, provides for the award of
the Combat Infantryman Badge to a Soldier who is an infantryman
satisfactorily performing infantry duties, who is assigned to an infantry
unit during such time as the unit is engaged in active ground combat, and
must actively participate in such ground combat.

16.  Army Regulation 600-65, in effect at the time, provided policy and
criteria concerning service medals.  It stated that the Army Good Conduct
Medal was awarded for each 3 years of continuous enlisted active Federal
military service completed on or after 27 August 1940, for first award
only, 1 year served entirely during the period 7 December 1941 to 2 March
1946 and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  At the time, a
Soldier’s conduct and efficiency ratings must have been rated as
“excellent” for the entire period of qualifying service and there must have
been no convictions by court-martial.

17.  Army Regulation 670-1 prescribes the authorization for wear of
uniforms and prescribes the awards, insignia and accouterments authorized
for wear on the uniform.  In pertinent part, it states that one overseas
service bar is authorized for each period of 6 months active Federal
service as a member of a U. S. Service in Korea from 27 June 1950 until 27
July 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
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.  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 of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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.  Normally, the statements of individuals would be inadequate as the sole
basis for granting the relief requested by the applicant.  However, in this
case the applicant provided affidavits from three of his former platoon
members including his squad leader.  Together with evidence of record
verifying he was in Korea, as an infantryman, in July 1952, the affidavits
are accepted as sufficient evidence to show that he did in fact serve in
Korea, as a parachutist-qualified infantryman, during two campaigns.

2.  Based on the foregoing, it would be equitable to correct the
applicant's DD Form 214 to add the Parachutist Badge, the Combat
Infantryman Badge, the Korean Service Medal with 2 bronze service stars,
and the United Nations Service Medal.

3.  The applicant's DD Form 214 already shows the National Defense Service
Medal.

4.  Once the applicant's DD Form 214 is corrected to show he was awarded
the Korean Service Medal, he should follow the guidance provided in
paragraph 18, Consideration of Evidence above for award of the Korean War
Service Medal.

5.  Overseas services bars were an item of uniform wear and so were not
authorized for entry in item 18 of the DD Form 214.

6.  The applicant requested award of the Army Good Conduct Medal.  Because
his records are not available, and because his DD Form 214 shows that he
had  7 days of lost time, there is insufficient evidence of record to show
he met the eligibility criteria for award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__rjw___  __jtm___    __jkr___  GRANT PARTIAL 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 the DD Form 214 of the
individual concerned be amended to add the Parachutist Badge, the Combat
Infantryman Badge, the Korean Service Medal with 2 bronze service stars,
and the United Nations Service Medal.

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
amending his DD Form     214 to show award of the Army Good Conduct Medal
or overseas bars.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003785                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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