IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090011506 


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 reconsideration of his earlier request for award of the Korea Defense Service Medal, Korean Service Medal, National Defense Service Medal, United Nations Service Medal, and any other authorized awards.  He also requests award of the Republic of Korea Presidential Unit Citation.

2.  The applicant states the Army called him to active duty on 1 November 1955. His initial assignment was for training with the 501st Infantry Regiment at Fort Jackson, South Carolina.  After training, he reported to Fort Lewis, Washington where he processed for overseas assignment to the Republic of Korea.  His travel took him first to Hawaii, then to Wake Island and on to Japan.  He was ultimately assigned to Headquarters and Headquarters Company, 32nd Infantry Regiment, 7th Infantry Division, located at Camp Casey, Korea.  During the winter of 1956, the applicant's unit conducted field exercises to test their combat readiness.

3.  The applicant provides, in support of his request, copies of envelopes he used for mailing personal correspondence from Army Post Office (APO) 7 to his wife in the United States; a copy of the 1956 Thanksgiving Day dinner menu, including a statement from his commander and the prayer; a copy of a photograph reportedly showing him and the regimental security guard looking at art work prepared by a local Korean artist; a newspaper clipping dated 19 May 1957, reporting the death of his father; and a copy of General Orders 50, dated 
9 November 1971, awarding the Republic of Korea Presidential Unit Citation to the 7th Infantry Division.

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 AR20090001742, dated 7 May 2009.

2.  In the original Record of Proceedings the ABCMR denied the applicant's request for award of the Korea Defense Service Medal based on a lack of available evidence showing that any of his 1 year and 6 days of foreign service was served in the Republic of Korea.  His request for award of the Korean Service Medal, United Nations Service Medal and the National Defense Service Medal were denied because his dates of active duty service did not qualify for any of these awards.

3.  The applicant has provided additional documentation showing that he had served in the Republic of Korea.  Award of the Republic of Korea Presidential Unit Citation is a new issue.  

4.  The envelopes provided by the applicant show his return address as the 32nd Infantry Regiment, APO 7.  Each envelop contains a postal stamp showing "Army-Air Force Postal Service" with a date and APO number in the center.  The earliest date provided is 15 May 1956.  The latest date is 12 December 1956.  The APO number on each envelope is "7."

5.  The applicant provided a copy of a menu used by the Eighth United States Army in Korea, for the 1956 Thanksgiving Dinner.  Included with this menu is a statement by the Commander, 32nd Infantry Regiment, extending his best wishes to regimental personnel.

6.  The applicant provided a copy of a newspaper clipping from The Gadsden Times, dated 19 May 1957, wherein the death of his father was reported.  This article also shows that the applicant was the deceased's son, who was at the time serving with the United States Army in the Republic of Korea.

7.  Department of the Army General Orders (DAGO) 50, dated 9 November 1971, awarded the 7th Infantry Division the Republic of Korea Presidential Unit Citation for the period from 17 September 1950 to 27 March 1971.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows that the 32nd Infantry Regiment was subordinate to the 7th Infantry Division and served in the Republic of Korea.

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

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's mailed envelopes clearly show that he served in Korea with the 32nd Infantry Regiment for at least the period 15 May through 12 December 1956.  The newspaper article leads one to believe he was still assigned in Korea as late as May 1957.  This evidence sufficiently supports his contention that he served in the Republic of Korea.

2.  Army Pamphlet 672-1 shows that the 32nd Infantry Regiment was a subordinate unit in the 7th Infantry Division.  General orders show that the 7th Infantry Division served in the Republic of Korea from 1950 to 1971. 

3.  The evidence clearly shows that he served during a qualifying period for award of the Republic of Korea Presidential Unit Citation and the Korea Defense Service Medal.  Therefore, his records should be corrected to show these awards.

4.  The evidence clearly shows the applicant did not serve on active duty during a period that qualified for award of the Korean Service Medal, National Defense Service Medal, or the United Nations Service Medal.  Therefore, the ABCMR correctly denied his earlier request for these awards.

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 partial amendment of the ABCMR’s decision in Docket Number AR20090001742, dated 7 May 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his DD Form 214, that his awards include the Korea Defense Service Medal and the Republic of Korea 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 award of the Korea Service Medal, United Nations Service Medal or the National Defense 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)                                         AR20090011506





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ABCMR Record of Proceedings (cont)                                         AR20090011506



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