RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050000923


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 rank on his DD Form 214
(Report of Separation from Active Duty) with an effective date of 5
November 1953 be corrected to read SSGT (staff sergeant).  The applicant
also requests that the Bronze Star Medal, the Presidential Unit Citation
(Army), the Meritorious Unit Commendation (Army), and the Republic of Korea
Presidential Unit Citation be added to his DD Form 214.

2.  The applicant states, in effect, that he was in Korea from October 1952
to July 1953 and was awarded the Combat Infantryman Badge, the Korean
Service Medal with three bronze service stars, the United Nations Service
Medal, the Presidential Unit Citation (Army), the Meritorious Unit
Commendation (Army), the Republic of Korea Presidential Unit Citation, the
National Defense Service Medal, and the Good Conduct Medal.

3.  The applicant further states that he was told by a staff sergeant that
he was put in for a Bronze Star Medal.  The applicant states that his staff
sergeant was given a battle field commission and he was promoted to staff
sergeant.

4.  The applicant further states that he feels that recipients of the
Combat Infantryman Badge should also receive the Bronze Star Medal.

3.  The applicant provides a copy of:

      a.  his DD Form 214;

      b.  a Separation Roster that includes the applicant and indicates
that the applicant was the non-commissioned officer (NCO) in charge;

      c.  two news media articles that state that recipients of the Combat
Infantryman Badge in Korea should also receive a Bronze Star Medal; and

      d.  a map on which the applicant has indicated the places where he
fought while in Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 5 November 1953, the date the applicant was released from active duty.
The application submitted in this case is dated 12 January 2005.

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 limitations 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 personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  However, there were
sufficient documents remaining in a reconstructed record and records
provided by the applicant for the Board to conduct a fair and impartial
review of this case.  The primary record available to this Board is the
applicant’s DD Form 214.

4.  The available records show that the applicant was inducted on 1
February 1952.  The applicant served 11 months and 28 days of foreign
and/or sea service.  His most significant duty assignment was F Company 9th
Infantry Regiment, 2nd Infantry Division in Korea.  The applicant was
released from active duty on 5 November 1953.  He had completed 1 year, 9
months and 5 days of active service.

5.  Item 3 (Grade-Rate-Rank and Date of Appointment) of the applicant's DD
Form 214 shows he was a sergeant (temporary) with a date of appointment of
13 August 1953.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show
he was awarded the Combat Infantryman Badge, the Korean Service Medal with
3 bronze service stars, and the United Nations Service Medal.

7.  The available records do not contain orders promoting the applicant to
staff sergeant.

8.  The available records do not contain orders for the award of the Bronze
Star Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded in time of war for heroism and for
meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.
10.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Bronze Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.  This provision did not go into effect until
10 September 1947.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through
14 August 1974, 2 August 1990 through 30 November 1995 and 11 September
2001 to a date to be determined.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaign participation credit, assault
landing credit, unit citation emblems, and occupation duty credit for World
War II and for the Korean War.  This document shows that the 9th Infantry
Regiment, 2nd Infantry Division received the Korean Presidential Unit
Citation for the period
16 September 1950 to 26 October 1953, based on Department of the Army
General Order Number 1, dated 1954.

13.  Department of the Army Pamphlet 672-1 does not show that the 9th
Infantry Regiment, 2nd Infantry Division received the Presidential Unit
Citation (Army) or  the Meritorious Unit Commendation (Army) during the
applicant's period of service.

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.  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 contends that his DD Form 214 should show that he was a
staff sergeant at the time of his release from active duty.  The applicant
also contends that he is entitled to the Bronze Star Medal, the
Presidential Unit Citation (Army), the Meritorious Unit Commendation
(Army), the Republic of Korea Presidential Unit Citation.

2.  There is no evidence that the applicant was promoted to staff sergeant.
 Therefore, the entry in Item 3 of the DD Form 214 is correct.

3.  There is no evidence of record that the applicant was recommended or
approved for the Bronze Star Medal.  The applicant was not authorized the
Combat Infantryman Badge for service between 7 December 1941 and
2 September 1945.  Therefore, the applicant is not entitled to award of the
Bronze Star Medal.

4.  Records show the applicant served honorably during the period
1 February 1952 to 5 November 1953.  Therefore, the applicant is entitled
to the National Defense Service Medal.

5.  The applicant was serving with the 9th Infantry Regiment, 2nd Infantry
Division during the period the unit was cited for award of Korean
Presidential Unit Citation.  Therefore the applicant is entitled to award
of the Korean Presidential Unit Citation.

6.  There is no evidence that the applicant was serving with a unit that
received the Presidential Unit Citation (Army) or the Meritorious Unit
Commendation (Army) during his period of enlistment.  Therefore, the
applicant is not entitled to the Presidential Unit Citation (Army) or the
Meritorious Unit Commendation (Army).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jns___  ____kwl_  ___lds___  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 all Department of the Army
records of the individual concerned be corrected by showing:

      a.  award of the National Defense Service Medal; and

      b.  award of the Korean Presidential Unit Citation.

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
the applicant being promoted to the rank of staff sergeant, the Bronze Star
Medal, the Presidential Unit Citation (Army) and the Meritorious Unit
Commendation (Army).




                            _________John N. Slone_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000923                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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