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ARMY | BCMR | CY2006 | 20060012601C071029
Original file (20060012601C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2007
      DOCKET NUMBER:  AR20060012601


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 Presidential Unit Citation
(Navy) be added to the list of authorized awards contained in Item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his Separation Document (DD Form 214).

2.  The applicant states, in effect, that as a member of the 3rd Battalion,
187th Airborne Regimental Combat Team, he was entitled to the PUC (Navy)
authorized in Department of the Army (DA) General Orders (GO) Number (#)
63, dated 26 June 1956; however, this award was not included in the list of
awards contained in Item 26 of his DD Form 214, or in those added by a DD
Form 215 (Correction to DD Form 214) issued on 9 January 1999.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter; DD Form 214; DD Form 215; Company I,
187th Airborne Infantry Morning Reports, dated 22 and 25 September and 17
October 1950; and DA GO # 63, dated 26 June 1956.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 February 1958, the date of his discharge.  The
application submitted in this case is dated 1 September 2006.

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 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's separation documents and several miscellaneous documents in his
file maintained at the National Personnel Records Center (NPRC).

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 1 February 1950.  He served in military occupational
specialty (MOS) 951.10 (Military Police) and he held the rank of specialist
2 (SP2) on the date of his separation.

5.  Item 26 of the applicant's DD Form 214, as amended in DD Forms 215
issued on 8 May 1996, 8 April 1997, and 9 June 1999, shows he earned the
following awards during his active duty tenure:  National Defense Service
Medal; Purple Heart; Army Good Conduct Medal (2nd Award); Korean Service
Medal with
2 bronze service stars and bronze arrowhead; United Nations Service Medal;
Army of Occupation Medal with Japan Clasp; PUC; Republic of Korea
Presidential Unit Citation (ROKPUC); Combat Infantryman Badge; and
Parachutist Badge with bronze service star.

6.  From the various documents remaining in the applicant's NPRC file, the
verifiable period of his service in Korea is from 23 September 1950 through

3 November 1950, at which time he was wounded in action, hospitalized, and
ultimately medically evacuated to Japan.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 7 contains guidance on United States Unit Awards and lists
the following United States unit decorations, in order of precedence, which
have been established to recognize outstanding heroism or exceptionally
meritorious conduct in the performance of outstanding services: (1)
Presidential Unit Citation (Army and Air Force); (2) Presidential Unit
Citation (Navy); (3) Joint Meritorious Unit Award; (4) Valorous Unit Award;
(5) Meritorious Unit Commendation (Army); (6) Navy Unit Commendation; (7)
Meritorious Unit Commendation (Navy). (8) Air Force Outstanding Unit Award;
(9) Air Force Organizational Excellence Award; (10) Army Superior Unit
Award; and (11) Citation in Orders — Unit Recognition.

8.  Paragraph 7-23 contains guidance on assault credit and states, in
pertinent part, that a bronze arrowhead is used to denote participation in
a combat parachute jump, helicopter assault landing, combat glider landing,
or amphibious assault landing, while assigned or attached as a member of an
organized force carrying out an assigned tactical mission.  For assault
credit during the Korean War, it is worn with the Korean Service Medal.

9.  Paragraph 9-16 of the awards regulation contains guidance on the
Republic of Korea-Korean War Service Medal.  It states, in pertinent part,
that it is awarded to veterans of the Korean War who served in Korea for 30
consecutive days or 60 non-consecutive days between 25 June 1950 and 27
July 1953.


10.  Department of the Army (DA) Pamphlet 672-1 (Unit Campaign
Participation Credit Register-Korea) establishes the eligibility of
individual members for campaign participation credit, assault landing
credit, and unit citation badges awarded during the Korean War.  It
confirms that during his tenure of assignment, the applicant’s unit (3rd
Battalion, 187th Airborne Infantry Regiment) received the PUC for the
period 20 through 22 October 1950, which was authorized in DA GO # 36 in
1951; the PUC (Navy) for the period 15 September through 11 October 1950,
which was authorized in DA GO # 63 in 1952; the ROKPUC; and Assault (Combat
Parachute Jump) credit for Sunchon on
20 October 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PUC (Navy) was
carefully considered and found to have merit.  The evidence confirms that
during his tenure of assignment, the applicant's unit was awarded the PUC
(Navy) for the period 15 September through 11 October 1950 in DA GO # 63 in
1952.  Therefore, it would be appropriate to add this award to the list of
awards contained in Item 26 of his DD Form 214.

2.  The evidence also shows that based on his service in Korea, the
applicant is also entitled to the ROK-KWSM, which should also be added to
the list of awards contained on his separation document.

BOARD VOTE:

___CG__  __MJF __  __EEM__  GRANT FULL 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 all Department of the Army records of the
individual




concerned be corrected by showing his entitlement to the Presidential Unit
Citation (Navy) and Republic of Korea-Korean War Service Medal; and by
providing him a correction to his separation document that includes these
changes.




                            _____Curtis Greenway____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012601                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/12                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |195802/21                               |
|DISCHARGE AUTHORITY     |AR 635-250                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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