IN THE CASE OF:	  

		BOARD DATE:	  	  16 October 2008 

		DOCKET NUMBER:  AR20080012407 


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 requests, in effect, reconsideration of his request for correction of his records to show his authorized awards and decorations based on his military service in Korea.

2.  The applicant states, in effect, that a second award of the Purple Heart based on wounds received in action in Korea on 18 November 1950 was not recorded on his discharge document.  He also states he was assigned to Company A, 127th Airborne Engineer, 187th Airborne Regimental Combat Team (RCT) and his unit was recently recognized as a unit participating in the assault landing at Sunchon-Sukchon, North Korea on 20 October 1950.  He further states he was advised to apply to the Army Board for Correction of Military Records (ABCMR) for correction of his records.

3.  The applicant provides 2 self-authored statements, dated 8 July 2008 and
10 July 2008; National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 23 August 2006; Headquarters, 187th Airborne RCT (Korea), General Orders Number 3, dated 26 January 1951; Headquarters, U.S. Army Human Resources Command, Military Awards Branch, Alexandria, Virginia, memorandum, dated 4 December 2006; and a notarized affidavit given by Robert B. W___, dated 7 July 2008.





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 AR20050001372 on 8 September 2005.

2.  The applicant's military service 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.

3.  The applicant’s available military service records contain a DD Form 214 -(Report of Separation from the Armed Forces of the United States), with an effective date of 3 July 1953 and DD Form 215 (Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated
18 April 1960.  The DD Form 215 was issued based on the applicant’s application for correction of military records, dated 28 March 1960.  However, a copy of the applicant’s application for correction of military records, dated
28 March 1960, is not filed in the applicant’s available military service records.

4.  The evidence of record shows the applicant was wounded in action in Korea on 18 November 1950 and on 16 October 1971 and he received 2 awards of the Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster).  The evidence of record also shows that this information is accurately recorded on the applicant’s amended DD Form 214.  Since no further corrective action is required with respect to the applicant’s request pertaining to two awards of the Purple Heart, this issue will not be further discussed in this Record of Proceedings.

5.  The applicant’s DD Form 214 shows he enlisted and entered active duty in the Regular Army for a period of 3 years on 15 September 1948.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, as corrected by the
DD Form 215, shows the applicant was awarded the Purple Heart with 1 Oak Leaf Cluster, National Defense Service Medal, Korean Service Medal with
1 silver service star and 1 bronze service star, Army of Occupation Medal with “Japan” Clasp, United Nations Service Medal, Combat Infantryman Badge, Parachutist Badge, and the Republic of Korea Presidential Unit Citation.  Item 28 (Most Significant Duty Assignment) of the DD Form 214 originally contained the 

entry “Company ‘A,’ 127th Airborne Engineer Battalion APO 660;” however, the DD Form 215 corrected this entry to read “Company ‘K,’ 8th Cavalry Regiment APO 201.”  Item 29 (Wounds Received as a Result of Action with Enemy Forces), as corrected by the DD Form 215, contains the entry “Korea 18 Nov 50 and 16 Oct 51.”

6.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 15 November 1999.  This document shows that the Chief, Army Reference Branch, Military Personnel Records, National Personnel Records Center, St. Louis, Missouri, verified the applicant’s awards and authorized issuance of the Purple Heart with 1 Oak Leaf Cluster, Army of Occupation Medal with “Japan” Clasp, National Defense Service Medal, Korean Service Medal with 1 silver service star and 1 bronze service star, Combat Infantryman Badge, and the United Nations Service Medal.  This document also shows that the applicant was informed he was entitled to the Republic of Korea Presidential Unit Citation; however, the Army does not issue this foreign unit award, but that he could purchase it from a civilian dealer in military insignia.

7.  In support of his application, the applicant provides the following documents:

     a.  Two self-authored statements, dated 8 July 2008 and 10 July 2008; and National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 23 August 2006.  These documents were summarized in the applicant’s request and previously considered in this Record of Proceedings.

     b.  Headquarters, 187th Airborne RCT (Korea), General Orders Number 3, dated 26 January 1951.  These orders show, in pertinent part, that the applicant was awarded the Purple Heart for wounds received in action against the enemy in Korea on 18 November 1950.

     c.  Headquarters, U.S. Army Human Resources Command, Military Awards Branch, Alexandria, Virginia, memorandum, dated 4 December 2006.  This document shows the Chief, Military Awards Branch, confirmed that the Chief of Staff, Army, approved amendment to War Department, General Orders Number 80 (1954), to include assault landing credit for the 1st, 2nd, and 3rd platoons of Company A, 127th Airborne Engineer Battalion for their assault on Sunchon-Sukchon, Korea on 20 October 1950.  This document also shows the Chief, Military Awards Branch, confirmed that the Chief of Staff, Army, approved amendment to War Department, General Orders Number 80 (1954), to include assault landing credit for the 1st, 2nd, and 3rd platoons of Engineer Company, 187th Airborne Regimental Combat Team for their assault on Musan-ni, Korea on 23 March 1951.

     d.  A notarized affidavit given by Robert B. W___, dated 7 July 2008, who attests that he served with the applicant in the 2nd Platoon, Company A,
127th Airborne Engineer Battalion, 187th Airborne RCT, from its initial activation at Fort Campbell, Kentucky on 29 July 1950; when the unit was redesignated as Engineer Company, 187th RCT on 26 February 1951; and during 1 combat parachute assault with the applicant during the Korean War on 20 October 1950.
Mr. W___ adds that the applicant was injured in a training jump and hospitalized prior to a second combat parachute assault on 23 March 1951 and was not able to participate in this assault landing.

8.  A review of the applicant's military service records reveals that he may be entitled to an additional award that is not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953.  The service prescribed must have been performed as follows:

   (1)  while on permanent assignment;

   (2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   (3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Korean Service Medal.  This Army regulation also provides, in pertinent part, that a silver service star is authorized in lieu of 5 bronze service stars.


12.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal 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.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the “arrowhead” is authorized for wear on the Korean Service Medal.

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.  This document also states that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier's participation in a combat parachute jump.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldiers to receive the parachutist badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

14.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was wounded in action in Korea on 18 November 1950 and a second award of the Purple Heart.  He also contends his records should be corrected to show he is authorized the “arrowhead” device on his Korean Service Medal and bronze service star on his Parachutist Badge because his unit (i.e., Company A,
127th Airborne Engineer, 187th Airborne RCT) was recently credited as a unit that participated in the assault landing at Sunchon-Sukchon, North Korea on
20 October 1950 and he participated in that combat parachute assault landing.

  

2.  It is not clear why Item 28 of the applicant’s DD Form 214 was corrected on 18 April 1960 to show that his most significant duty assignment was Company K, 8th Cavalry Regiment.  Nonetheless, the evidence of record in this request for reconsideration includes the military records and documentary evidence that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20050001372 on 8 September 2005.  In that regard, the preponderance of evidence in the initial consideration (i.e., in the form of unit morning reports, sworn affidavits, and General Orders) indicates the applicant was assigned to Company A, 127th Airborne Engineer Battalion when the unit deployed to Korea in 1950; he was permanently assigned and present for duty on 20 October 1950; qualified as a parachutist; and he was wounded in action on 18 November 1950 while assigned to the unit.  Thus, it is reasonable to conclude the applicant participated in the combat parachute assault landing with his unit on 20 October 1950.

3.  The evidence of record shows that the applicant’s DD Form 214 shows award of the Korean Service Medal with 1 silver service star and 1 bronze service star.  The evidence of record also shows the Chief of Staff, Army, recently approved assault landing credit for the 1st, 2nd, and 3rd platoons of Company A,
127th Airborne Engineer Battalion, for their assault on Sunchon-Sukchon, Korea on 20 October 1950.  In addition, the preponderance of evidence supports the fact that the applicant participated with his unit in the combat parachute assault landing on Sunchon-Sukchon, Korea on 20 October 1950.  Therefore, it would be appropriate to correct his records to show award of the Korean Service Medal with 1 silver service star, 1 bronze service star, and “arrowhead” device.

4.  The evidence of record shows that the applicant’s DD Form 214 shows award of the Parachutist Badge.  The evidence of record also shows that a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  The Army regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  In addition, the preponderance of evidence supports the fact that the applicant participated with his unit in the combat parachute assault landing on Sunchon-Sukchon, Korea on 20 October 1950.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant’s records to show award of the Parachutist Badge with bronze service star.

5.  Records show that the applicant served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this foreign award.

BOARD VOTE:

____X____  ____X____  ____X____  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 amendment of the ABCMR’s decision in Docket Number AR20050001372, dated 8 September 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting from Item 27 of his DD Form 214 the Korean Service Medal with
1 silver service star and 1 bronze service star; and

     b.  adding to Item 27 of his DD Form 214 the Korean Service Medal with
1 silver service star, 1 bronze service star and "arrowhead" device, Parachutist Badge with bronze service star; and the Republic of Korea War Service Medal.





      _______ _   _X______   ___
               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)                                         AR20080012407



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012407



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1