IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080018787 


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, the brother of a deceased former service member (FSM) killed in action in Korea on 30 January 1951, requests, in effect, that he be issued medal sets for multiple Presidential Unit Citations (PUCs) [formerly known as Distinguished Unit Citations (DUCs) until 3 November 1966], multiple Philippine Republic PUCs, multiple Republic of Korea PUCs, and the Bravery Gold Medal of Greece. 

2.  The applicant states although a fire destroyed most of the FSM's military records, he retrieved data from regimental websites that the FSM served with and determined that he was entitled to the following unit awards:

	a.  one PUC and one Philippine Republic PUC from his service with the 1st Infantry Regiment, 6th Infantry Division;

	b.  three PUCs, one Philippine Republic PUC, and one Republic of Korea PUC from his service with the 19th Infantry Regiment, 24th Infantry Division; and
 
	c.  five PUCs, one Philippine Republic PUC, one Republic of Korea PUC, and the Bravery Gold Medal of Greece from his service with the 7th Cavalry Regiment, 1st Cavalry Division.

3.  The applicant provides a self-authored letter, dated 12 November 2008; the FSM's War Department Final Report of Death; the first page of a letter, dated 
26 May 2008, from the National Personnel Records Center (NPRC) in St. Louis, 
Missouri; a one-page fax, sent on 6 October 2008, in which he indicated the unit awards he believes the FSM is entitled to; and an undated continuation sheet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A portion of the FSM's military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that some of the FSM's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the FSM enlisted in the Regular Army on 
20 October 1947.  After completing initial entry training, he departed the continental United States on 9 March 1948 and arrived in Inchon, Korea on 
27 March 1948, and was subsequently assigned to Company E, 1st Infantry Regiment.  On 18 December 1948, he was reassigned to Company A, 1st Infantry Regiment.  He departed Korea on 25 December 1948 and arrived in Japan the next day.  On 1 January 1949, he was reassigned to Company A, 19th Infantry Regiment.  He then was reassigned to Service Company, 19th Infantry Regiment on 1 February 1949, and then to Company C, 19th Infantry Regiment on 12 February 1949.  On 28 January 1950, he was reassigned to the 8021st Composite Service Company, 19th Infantry Regiment.  

4.  On 28 August 1950, the applicant was reassigned to Headquarters and Headquarters Company, 7th Cavalry Regiment and departed Japan on that day for Pusan, Korea, where he arrived on 29 August 1950.  Additionally, on            29 August 1950, he was reassigned to the Medical Company, 7th Cavalry Regiment.  He was killed in action on 30 January 1951 while performing duties as a Medical Aidman for the 2nd Battalion, 7th Cavalry Regiment when he was hit by enemy automatic weapons fire.
5.  In a letter, dated 26 May 2008, the NPRC informed the applicant that a 
DD Form 214 (Report of Separation from Active Duty) or its equivalent is not issued when a service member dies on active duty.  In another letter, dated 
31 March 2008, the NPRC informed a Member of Congress that the FSM was entitled to award of the Bronze Star Medal, the Purple Heart, the National Defense Service Medal, the Korean Service Medal with one bronze service star, the Combat Medical Badge, the United Nations Service Medal, and the Gold Star Lapel Button.  Additionally, a 25 August 2008 NPRC letter to the same Member of Congress informed him that the FSM was also entitled to the Army of Occupation Medal with Japan Clasp.  

6.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards given to units during World War II and the Korean War.  It shows that the 1st Infantry Regiment, 6th Infantry Division was cited for award of the DUC for the period
23 to 29 June 1944 by War Department General Orders Number 113, dated 1946.  Although this document does not show that this regiment was cited for award of the Philippine Republic PUC, a search of the unit history for the 1st Infantry Regiment on "Wikipedia" shows that it was awarded the Philippine Republic PUC for the period 17 October 1944 to 4 July 1945.

7.  DA Pamphlet 672-1 also shows that the 19th Infantry Regiment, 24th Infantry Division was cited for, in part, award of:

	a.  the DUC for the period 10 to 23 November 1944 (2nd Battalion only);

	b.  the DUC for the period 29 April to 30 June 1945;

	c.  the DUC for the period 2 July to 15 September 1950 by Department of the Army General Orders Number 45, dated 1950;

	d.  the DUC for the period 18 to 23 April 1951 (only to several specific units);

	e.  two Meritorious Unit Commendations during World War II; 
	
	f.  the Republic of Korea PUC for the period 2 to 22 July 1950 by Department of the Army General Orders Number 35, dated 1951; and

	g.  the Philippine Republic PUC for the period 17 October 1944 to 4 July 1945.



8.  DA Pamphlet 672-1 further shows that the 7th Cavalry Regiment, 1st Cavalry Division was cited for, in part, award of:

	a.  the DUC for the period 12 to 18 December 1944;

	b.  the DUC for the day of 12 September 1950 by Department of the Army General Orders Number 33, dated 1952 (3rd Battalion only);

	c.  the DUC for the period 21 to 27 September 1950 by Department of the Army General Orders Number 35, dated 1952 (only to components of: a) 3rd Platoon, Medical Company, 3rd Battalion; b) Heavy Mortar Company; and c) Intelligence and Reconnaissance Platoon);

	d.  the Philippine Republic PUC for the period 17 October 1944 to 4 July 1945;

	e.  the Republic of Korea PUC for the period 16 August to 26 September 1950 by Department of the Army General Orders Number 35, dated 1951; and

	f.  the Bravery Gold Medal of Greece during the period of the Korean War by Department of the Army General Orders Number 2, dated 1956.

9.  Review of the FSM's available records indicates entitlement to additional awards and decorations.

10.  General orders, dated 24 November 1950, awarded the FSM the Bronze Star Medal for heroic action against the enemy on 19 September 1950 when he, as a Medical Aidman, fearlessly disregarded his own safety to leave his place of concealment and moved through enemy fire to render medical treatment and evacuate the wounded, actions which resulted in saving the lives of at least 30 comrades and provided an inspiring example to other men.  Those orders did not authorize the "V" (for Valor) Device to be affixed to the FSM's Bronze Star Medal.

11.  Paragraph 5-9 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Korean War campaign a member is credited with participating in.  Table B-1 contains a list of Korean War campaigns, and it shows that during the FSM's service in Korea from 29 August 1950 to 30 January 1951, he participated in the United Nations Defensive campaign, the United Nations Offensive campaign, the Chinese Communist Forces (CCF) Intervention campaign, and the First United Nations Counteroffensive campaign.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  An oak leaf cluster is authorized for wear for each additional award of the PUC.

13.  This same regulation provides, in pertinent part, that the Philippine Republic PUC was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to
4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  Additionally, it provides, in pertinent part, that the Republic of Korea PUC is awarded by the Korean government.  Not more than one Republic of Korea PUC will be worn by any individual and no oak leaf cluster or other appurtenance is authorized. 

14.  Additionally, this regulation provides, in pertinent part, that the "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).  

15.  Army Regulation 600-8-22 further 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 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

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

16.  Army Regulation 600-8-22 essentially provides, in pertinent part, that when it is determined by United States Army Human Resources Command Military Awards Branch or the NPRC, an issue of unit decoration emblems may be made posthumously to the primary next of kin as indicated by official Department of the Army records.  The following order of precedence will govern: surviving spouse, eldest child, father or mother, eldest sibling, or eldest grandchild.  

17.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-3 provides guidance on who may apply.  It states, in pertinent part, that depending on the circumstances, a child, spouse, parent or other close relative, heir, or legal representative (such as a guardian or executor) of the Soldier or FSM may be able to demonstrate a proper interest.  Applicants must send proof of proper interest with the application when requesting correction of another person's military records.

18.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the brother of a deceased FSM killed in action in Korea on 
30 January 1951, contends that he should be issued medal sets for multiple PUCs, multiple Philippine Republic PUCs, multiple Republic of Korea PUCs, and the Bravery Gold Medal of Greece. 

2.  The FSM's War Department Final Report of Death which shows that the applicant was the brother of the FSM demonstrates that he has a proper interest in this case and satisfies the regulatory criteria necessary to establish his right to have this case considered by the ABCMR.

3.  While the 1st Infantry Regiment, 6th Infantry Division was cited for award of the DUC for the period 23 to 29 June 1944, and it appears from an internet search of the unit history for this regiment that it was also awarded the Philippine Republic PUC for the period 17 October 1944 to 4 July 1945, the FSM was not assigned to this regiment at any time during the period covered by the aforementioned unit awards.  As a result, there is no basis for authorizing these unit awards for the FSM's service with the 1st Infantry Regiment, 6th Infantry Division.

4.  While the 19th Infantry Regiment, 24th Infantry Division was cited for four awards of the DUC, two of those awards were awarded to this regiment for service during World War II, which was before the FSM was assigned to it, and another was awarded for a period that occurred entirely after his death.  However, as the FSM served with the 19th Infantry Regiment from 1 January 1949 to 26 August 1950, he was assigned to this regiment during a portion of the time it was awarded the DUC for the period 2 July to 15 September 1950 and the Republic of Korea PUC for the period 2 to 22 July 1950.  
5.  Additionally, while the applicant believes that the FSM was entitled to award of the Philippine Republic PUC, this unit award was awarded to this regiment for the period 17 October 1944 to 4 July 1945, which was prior to the FSM's service with this regiment.  

6.  In view of the foregoing, only partial relief in the form of correcting the FSM's military records to show the award of the PUC and the Republic of Korea PUC for his service with the 19th Infantry Regiment, 24th Infantry Division is warranted.

7.  Additionally, while the 7th Cavalry Regiment, 1st Cavalry Division was cited for award of the DUC for the period 12 to 18 December 1944, this was before the FSM was assigned to this regiment.  Further, although the 3rd Battalion of this regiment was cited for award of the DUC for the day of 12 September 1950, the FSM's military records show that he was assigned to the 2nd Battalion of this regiment.  Also, while an additional DUC was awarded to components of this regiment for the period 21 to 27 September 1950, which included a Medical Company, it appears that the FSM was assigned to the Medical Company of the 2nd Battalion.  Regrettably, in view of the foregoing, there is insufficient basis for correcting the FSM's military records to show any awards of the PUC for his service with the 7th Cavalry Regiment, 1st Cavalry Division.  

8.  Additionally, as the FSM's service with the 7th Cavalry Regiment was after the period for which it was awarded the Philippine Republic PUC, there is also no basis for correcting the FSM's military records to show this unit award.  

9.  Further, although the FSM was assigned to the 7th Cavalry Regiment during the period it was awarded the Republic of Korea PUC, not more than one Republic of Korea PUC will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  

10.  As the FSM's available records are already being corrected to show that he is entitled to the Republic of Korea PUC for his service with the 19th Infantry Regiment, 24th Infantry Division, there is no basis for correcting his military records to show an additional Republic of Korea PUC.  However, as the FSM was assigned to this regiment during a portion of the period in which it was cited for award of the Bravery Gold Medal of Greece, he is entitled to correction of his military records to show the award of the Bravery Gold Medal of Greece.

11.  General orders awarded the FSM the Bronze Star Medal for heroic action on 19 September 1950 which clearly justified the "V" Device for this award.  Therefore, it would be appropriate at this time to correct the FSM's available military records to show the award of the Bronze Star Medal with "V" Device in lieu of the Bronze Star Medal.

12.  The FSM served in Korea from 29 August 1950 until he was killed in action on 30 January 1951, more than 30 consecutive days in Korea during a qualifying period for award of the ROKWSM.  Therefore, the FSM is entitled to award of the ROKWSM, and correction of his military records to show his entitlement to award of this medal.

13.  The FSM participated in four campaigns during his service in Korea during the Korean War.  Therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already-awarded Korean Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the FSM the ROKWSM, the PUC, the Republic of Korea PUC, and the Bravery Gold Medal of Greece;

	b.  showing the award of the Bronze Star Medal with "V" Device in lieu of the Bronze Star Medal; 

	c.  showing four bronze service stars to be affixed to the FSM's already-awarded Korean Service Medal;

	d.  issuing the applicant, as the FSM's next-of-kin, an appropriate document to reflect these changes; and

   e.  issuing the applicant the appropriate medal sets for the FSM's awards and decorations.

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 awarding the FSM any additional PUCs, Republic of Korea PUCs, or any Philippine Republic PUCs.

3.  The Board wants the applicant and all others to know that the sacrifices made by his late brother in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his brother's service in arms.



      _________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)                                         AR20080018787



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ABCMR Record of Proceedings (cont)                                         AR20080018787



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