BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020416 


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 

	a.  reconsideration of his previous application for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Good Conduct Medal (AGCM), and

	b.  correction of his record to show award of the Distinguished Unit Citation [now known as the Presidential Unit Citation (PUC)].

2.  The applicant states he believes reconsideration of his request for award of the AGCM is appropriate because 

* he volunteered to serve in January 1950
* he was promoted to sergeant (SGT)/E-5 in September 1951
* he was honorably discharged in January 1953

3.  The applicant states he would like to be considered for award of the PUC based on a letter he received in January 1952 at the 2d Division Personnel Separation Center in Korea.  He further states his name and Corporal T----- H.
Y-------- were on the same orders to report to Headquarters and Headquarters Battery, 2d Infantry Division Artillery in Korea and Corporal Y--------'s records may provide evidence of his presence in the 2d Infantry Division.


4.  The applicant provides

* a photograph of him working as an artillery surveyor
* a letter signed by the Commander, 2d Infantry Division
* a photograph of him and another Soldier taken in 1951
* a photograph taken at the other Soldier's funeral service
* two pages from the book entitled "Second to None"

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 AR20090000454 on 7 April 2009.

2.  The applicant submitted a new argument which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records which primarily consist of his DD Form 214 and medical and dental records remaining in the applicant's National Personnel Records Center (NPRC) file.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
13 January 1950.  This form also shows at the time of his separation, he held military occupational specialty 1577 (Surveyor, Chief, Artillery) and his most significant duty assignment was with Headquarters Battery, 77th Field Artillery Group, Fort Sill, OK.

5.  His DD Form 214 also shows he was promoted to SGT on 26 September 1951.  He completed 3 years and 4 days of net service this period with no lost time, of which 10 months and 16 days was foreign service.  He was honorably discharged on 16 January 1953.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the AGCM or the PUC.


6.  The applicant's record includes a WD AGO Form 8-116 (Report of Dental Survey), dated 11 July 1951, that shows he was assigned to "2nd Div Arty"
[2nd Infantry Division Artillery].

7.  The applicant's record also includes a "sick slip," dated 23 February 1952, showing his unit as "Hq. Bat. 2nd Div" [Headquarters and Headquarters Battery (HHB), 2d Infantry Division Artillery]. 

8.  The record is void of documentation showing when the applicant arrived in and departed Korea.

9.  The photographs and documents submitted by the applicant do not provide information pertaining to the specific facts and circumstances of his military service.

10.  The military record of Corporal T----- H. Y-------- is not available to the Board for review.  However, the Korean War Casualty File shows he was assigned to "HHB, 2d Infantry Division" when he was killed in action on 7 September 1951.

11.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service and there must have been no convictions by court-martial.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows HHB, 2d Infantry Division Artillery was awarded the Presidential Unit Citation for the period 16 May 1951 - 22 May 1951 by Department of the Army General Orders (DAGO) 72, dated 1951.

13.  Department of the Army Pamphlet 672-1 shows HHB, 2d Infantry Division Artillery was awarded the Republic of Korea Presidential Unit Citation (ROK PUC) for the period 16 September 1950 through 20 October 1952 as announced in DAGO 10, dated 1954.

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual 


who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least
30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction his DD Form 214 to show award of the AGCM and PUC is partially supported by the evidence.

2.  Although the applicant's conduct and efficiency ratings cannot be verified, the available records show he was promoted to SGT/E-5 on 26 September 1951, less than 2 years after entering active duty.  It is reasonable to presume, given his rapid advancement in rank and no lost time, that he had “excellent” conduct and efficiency ratings and, therefore, should have been awarded the AGCM for his service from 13 January 1950 to 12 January 1953.  Accordingly, it would be in the interest of justice to do so at this time.

3.  The available medical and dental records confirm the applicant was assigned to HHB, 2d Infantry Division Artillery.  However, the available evidence does not show when the applicant's assignment began or ended.  Although the applicant states the record of Corporal Y-------- may provide information on his service, the available casualty record does not provide information useful in determining the dates of the applicant's service in Korea.  In the absence of evidence showing he was assigned to HHB, 2d Infantry Division Artillery during the period for which the unit was awarded the PUC, he is not entitled to correction of his record to show this unit award.

4.  The available evidence shows the applicant was present for duty with HHB, 2d Infantry Division Artillery during the period for which the unit was awarded the ROK PUC.  Therefore, he is entitled to correction of his record to show this foreign unit award.

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 AR20090000454 dated 7 April 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (First Award) for the period 13 January 1950 to 12 January 1953 and

	b.  adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (First Award)
* 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 the 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)                                         AR20090020416



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ABCMR Record of Proceedings (cont)                                         AR20090020416



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