IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090011927 


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 Republic of Korea Presidential Unit Citation.

2.  The applicant states the following:

   a.  He was assigned to the 40th Infantry Division when it received the Republic of Korea Presidential Unit Citation.

   b.  He performed duties at G-1, 40th Infantry Division in which he received promotions.

   c.  He was in a Replacement Company when the 40th Infantry Division was reassigned to the continental United States.

   d.  He was assigned to Headquarters, IX Corps, Planning Section from June to October 1954 as an assistant to a colonel.

   e.  He was not aware of any awards which IX Corps received.

3.  The applicant provides the following documents in support of his application:

* Internet information on award of the Republic of Korea Presidential Unit 
Citation to the 40th Infantry Division


* DA Form 1577 (Authorization for Issuance of Awards), dated 23 January 
1995
* Letter, dated 31 August 2009, from the Army Review Boards Agency,
Support Division, St. Louis, MO
* Orders for award of the Army Good Conduct Medal (First Award), dated 
31 August 2009
* DD Form 215 (Correction to DD Form 214 (Certificate of Release or 
Discharge from Active Duty)), dated 31 August 2009
* Page 6 of his previous Army Board for Correction of Military Record 
(ABCMR) Record of Proceedings

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 ABCMR in Docket Number AR20090003266 on 2 June 2009.  

2.  The applicant has provided new evidence [internet information; letter, dated 31 August 2009; Army Good Conduct Medal orders; DD Form 215] and new arguments [as indicated above] that warrants consideration by the Board.

3.  The applicant's DD Form 214 shows his most significant assignment was with Headquarters, IX Corps.

4.  On 26 August 1953, Headquarters, 40th Infantry Division, Army Postal Office (APO) 6 (Korea) published Special Orders Number 235 announcing the applicant’s advancement to private first class.

5.  On 23 September 1953, Headquarters, 40th Infantry Division published Special Orders Number 263 awarding the applicant a new primary military occupational specialty (MOS).  These orders show the applicant was assigned to Headquarters, 40th Infantry Division.

6.  The applicant’s DD Form 214 lists award of the Commendation Ribbon Pendant [currently known as Army Commendation Medal] issued by Headquarters, 40th Infantry Division on 6 May 1954.

7.  The applicant provided a DA Form 1577, dated 23 January 1995, from the Army Reserve Personnel Center (ARPERCEN), St. Louis.  This form shows authorization for the Republic of Korea Presidential Unit Citation.  This form further advised him that this foreign award is not issued by the Department of the Army, but he may purchase the award from civilian dealers in military insignia.

8.  The applicant provided information from the California Military Museum website which indicated the 40th Infantry Division was cited for award of the Republic of Korea Presidential Unit Citation for exceptionally meritorious service to the Republic of Korea during the period 30 June 1952 to 27 July 1953.

9.  The applicant was issued a DD Form 215, dated 31 August 2009, which added to item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Army Good Conduct Medal, Korea Defense Service Medal, and the Republic of Korea War Service Medal to his DD Form 214.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units who served during World War II and the Korean conflict.  This pamphlet shows that Headquarters and Headquarters Company, 40th Infantry Division was cited for award of the Republic of Korea Presidential Unit Citation for the period 22 January 1952 to 15 January 1954 by Department of the Army General Orders Number 50, dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was assigned to the 40th Infantry Division during the period it was cited for award of the Republic of Korea Presidential Unit Citation.  The evidence presented is sufficient to substantiate his claim.

2.  The California Military Museum information shows the Republic of Korea Presidential Unit Citation was awarded to the 40th Infantry Division for service in Korea during the period 30 June 1952 to 27 July 1953.

3.  Although the applicant’s service record does not confirm the exact dates he served in Korea, his promotion orders (August 1953) and award of the Army Commendation Medal (May 1954) were issued by the 40th Infantry Division.  In addition, the applicant’s orders awarding him a new MOS show he was assigned to Headquarters, 40th Infantry Division in September 1953.

4.  Department of the Army Pamphlet 672-1 shows Headquarters and Headquarters Company, 40th Infantry Division was cited for award of the Republic of Korea Presidential Unit Citation during a period the applicant was assigned to this unit in Korea.  Therefore, the applicant is eligible for award of the Republic of Korea Presidential Unit Citation.


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 AR20090003266, dated 2 June 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the Republic of Korea Presidential Unit Citation.



      ___________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)                                         AR20090011927



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ABCMR Record of Proceedings (cont)                                         AR20090011927



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