IN THE CASE OF:
BOARD DATE: 11 SEPTEMBER 2008
DOCKET NUMBER: AR20080011127
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, through his Congressman, requests reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show credit for 2 campaigns in Korea.
2. The applicant's Congressman provides a written statement on his behalf contending that if the Department of the Army (DA) has records of the applicant's unit having participated in multiple tours of duty in Korea, then, in good faith it would stand to reason that the applicant, as part of the unit, would have participated as well.
3. The applicant provides a copy of his DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070001398, on 12 July 2007.
2. The applicant was previously advised that his military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. A decision in his case was made previously on the evidence he provided. This decision is again based upon the evidence submitted by the applicant.
3. The records show the applicant was inducted into the Army of the United States on 30 January 1951 and he was honorably released from active duty on 28 January 1953. He received the Korean Service Medal with 1 bronze service star. Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows 8 months and 29 days of foreign service; however, there are no additional records showing the specific dates of assignment to Korea.
4. Item 28 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows he was assigned to Headquarters (HQ), Special Troops, Eighth U.S. Army Korea.
5. As new evidence the applicant provides a statement from his Congressman who argues that if the (DA) has records of the applicant's unit having participated in multiple tours of duty in Korea, then, in good faith, it could stand to reason that the applicant, as part of the unit, would have participated as well. Certainly such records would be sufficient evidence to warrant reconsideration of the applicant's request. He also contends that the applicant reported that his [the applicant's] unit commander awarded him the second bronze service star which he proudly wears today.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations, campaigns, foreign awards, and occupation credit that units received during World War II and Korea. HQ, Special Troops was given campaign credit for the UN Defensive, the UN Offensive, the CCF Intervention, the First UN Counteroffensive, the CCF Spring Offensive, the UN Summer-Fall Offensive, the Second Korean Winter, the Korea Summer-Fall 1952, the Third Korean Winter, and the Korea Summer-Fall 1953 campaigns.
DISCUSSION AND CONCLUSIONS:
1. The applicant, through his Congressman, requests reconsideration of his request for correction of his DD Form 214 to show credit for 2 campaigns in Korea.
2. The applicant was previously advised that it is believed that his records were lost or destroyed in a fire, and that a decision would be based on the available evidence and any evidence he submitted.
3. The applicant's contentions made through his Congressman were carefully considered; however, there is still insufficient evidence upon which to grant a second bronze service star for campaign credit in Korea.
4. Although Army Regulation 672-1 shows the applicant's unit was given campaign participation credit for multiple campaigns in Korea, his specific dates of assignment in Korea are not available. Campaign credit is only given to an individual who is assigned to a unit on the dates the unit was given credit for campaign participation. Without evidence establishing his specific dates of assignment to Korea, administrative regularity must be presumed in the applicant's case which shows he received 1 bronze service star.
5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. Therefore, there is no basis upon which to change the Board's previous decision. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to amend the decision of the ABCMR set forth in Docket Number AR20070001398, dated12 July 2007.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080011127
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