RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 August 2004
      DOCKET NUMBER:  AR2004102084


      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. Lester Echols                 |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 (Report of Separation from
the Armed Forces of the United States) be amended to add the Presidential
Unit Citation (PUC).

2.  The applicant states, in effect, that he was in Company E, 7th
Battalion, 7th Infantry when the battalion was awarded the PUC.

3.  The applicant provides his DD Form 214, Department of the Army General
Orders Number 71 dated 28 July 1952, and a letter of support from his
former platoon leader.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 July 1952.  The application submitted in this case is dated
27 October 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 applicant was inducted into the Army on 13 October 1950.  He
separated on 14 July 1952.  His DD Form 214 shows he was awarded the Korean
Service Medal with one bronze service star, the United Nations Service
Medal, and the Combat Infantryman Badge.

5.  The applicant provided a letter of support from his former platoon
leader, John L___.  Mr. L___ stated that the applicant served with Company
E, 7th Infantry Regiment, 3d Infantry Division during the period 23 to 25
November 1951 [the period of the PUC].  As a platoon leader with Company E,
he personally observed the applicant's presence on Hill 355 during that
period.  Mr. L___ provided a copy of his own Silver Star orders verifying
that he was a platoon leader in Company E, 7th Infantry, 3d Infantry
Division on 23 November 1951 when he was awarded the Silver Star for
gallantry in action on Hill 355 on that date.

6.  Department of the Army General Orders Number 71 dated 28 July 1952
awarded the Distinguished Unit Citation to the 2d Battalion, 7th Infantry
and the 2d Battalion, 15th Infantry, 3d Infantry Division, along with
several attached units, for outstanding performance of duty and
extraordinary heroism in action against the enemy during the period 23 to
25 November 1951.

7.  Army Regulation 600-8-22 (Military Awards) states, 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.  Army Regulation 600-8-2 states that the National Defense Service Medal
is awarded for honorable active service for any period between 27 June 1950
and 27 July 1954, both dates inclusive, between 1 January 1961 and 24
August 1974, both dates inclusive, between 2 August 1990 and 30 November
1995, both dates inclusive, and between 11 September 2001 to a date to be
determined.

9.  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.  The applicant's service records are not available and the statement of
an individual would normally be inadequate as the sole substantiating basis
for verifying an individual was assigned to a particular unit that was
awarded the PUC.

2.   However, in this case, the supporting statement from the applicant's
former platoon leader is credible evidence that the applicant was in fact
assigned to Company E, 2d Battalion, 7th Infantry Regiment during the
period for which that battalion was awarded the PUC.  His former platoon
leader provided his own Silver Star orders verifying that he, himself, was
assigned to the unit as a platoon leader during the time in question.
Therefore, the statement is accepted as sufficient evidence to show the
applicant was assigned to the 2d Battalion, 7th Infantry Regiment during
the period for which the unit was awarded the PUC.  His DD Form 214 should
be amended to add the PUC.

3.  The applicant also met the eligibility criteria for award of the
National Defense Service Medal.  This award should also be added to his DD
Form 214.

BOARD VOTE:

__rjw___  __le____  __mvt___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that the DD Form 214 of the individual
concerned be corrected by adding the Presidential Unit Citation and the
National Defense Service Medal in item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized).




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102084                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040826                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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