RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 OCTOBER 14, 2004
      DOCKET NUMBER:         AR2004103418


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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, in effect, that the Distinguished Unit Citation
[now the Presidential Unit Citation] be added to his separation document.

2.  The applicant states, in effect, that he was assigned to Outpost Harry
in support of operations during the period 12 to 14 June 1953.

3.  The applicant provides a copy of a Letter of Commendation addressed to
him, from the Commander, Headquarters, 1st Battalion, 5th Infantry, 5th
Regimental Combat Team, dated 29 June 1953; and a copy of General Orders
923, Headquarters, Eighth United States Army, dated 11 October 1953, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records for his Korean wartime service were
lost or destroyed in the National Personnel Records Center fire of 1973.
Information herein was obtained from reconstructed records and other
sources.

2.  The applicant's records show that he was inducted in the Army of the
United States on 3 September 1952 and he was honorably discharged, in the
rank of Corporal, on 2 June 1954, after having completed 1 year and 9
months active military service.  His DD Form 214 shows that he was awarded
the Korean Service Medal, with two bronze service stars; the United Nations
Service Medal; the National Defense Service Medal and the Combat
Infantryman Badge. The Presidential Unit Citation is not shown on his DD
Form 214.

3.  The Letter of Commendation, dated 29 June 1953, which the applicant
submitted in support of his application, shows that on this date, he was
assigned to the 1st Battalion, 5th Infantry, 5th Regimental Combat Team.

4.  Selected DA Form 1, Morning Report, for 17 April, 21 April, and 19 May
1953, show the applicant assigned to Headquarters and Headquarters Company,
1st Battalion, 5th Infantry Regiment.

5.  General Orders 923, Headquarters, Eighth United States Army, dated
11 October 1953, awards the Distinguished Unit Citation [now the
Presidential Unit Citation] to Company A, 5th Infantry Regiment, 5th
Regimental Combat Team and selected elements of two other units for having
distinguished
themselves by extraordinary heroism in the performance of exceptionally
difficult tasks in the vicinity of Songnae-Dong, Korea on the morning of 12
June 1953.

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the applicant
was assigned to a unit, Headquarters and Headquarters Company, 1st
Battalion, 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 (DAGO)
Number 49, dated 1954.  The Korean government awards the Republic of Korea
Presidential Unit Citation.

7.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The Presidential Unit Citation was awarded to members of Company A,
1st Battalion, 5th Infantry Regiment.  The evidence shows that the
applicant was
assigned to Headquarters and Headquarters Company, 1st Battalion, 5th
Infantry Regiment.

2.  There is no evidence, and the applicant provided none, to show that he
was reassigned or attached to Company A, or to another of the cited
elements shown in General Orders 923, prior to the action near Songnae-
Dong, Korea, on the morning of 12 June 1953.  The applicant is therefore
not entitled to have this award added to his DD Form 214 at this time.

3.  The applicant served in a unit, Headquarters and Headquarters Company,
1st Battalion, 5th Infantry Regiment, which was awarded the Republic of
Korea Presidential Unit Citation; at the time he was a member of the unit.
He is therefore entitled to this unit award and to have it added to his DD
Form 214.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

rd______  fe ______  ld______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that the applicant was awarded the Republic of Korea
Presidential Unit Citation by adding it to his DD Form 214.




            _____Fred Eichorn____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103418                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  77                  |107.0031                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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