PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 March 1999             
	DOCKET NUMBER:   AC98-10414
                                              AR1998000702 

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Frank K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, conversion of his unit award of the Presidential Unit Citation (PUC), with two oak leaf clusters, to an individual award of the Silver Star(SS).  

3.  The applicant states, in essence, that paragraph 7-13c and 1-23, Army Regulation 600-8-22, permits conversion of a PUC to an individual award of the SS or the Bronze Star Medal (BSM) in November 1952, but not the award of the Distinguished Service Cross (DSC), which is equal in stature to the PUC.  He submits a certificate showing that the applicant is a member of the “Order of the Indianhead-2nd Infantry Division” issued to him on 9 November 1952, showing his unit’ s participation “along other United Nation units, in their combined fight to stem the spread of Communism…”  He also includes a detailed summary of his unit’s participation in efforts to secure Hill 347 and Hill 269 (Old Baldy) in July 1952.  

4.  The applicant’s military records show that he had prior active service with the Army Air Force/United States Air Force from 9 August 1946 through 21 July 1949.  He was trained as an automotive equipment operator and the highest rank he attained was corporal.  He was awarded the World War II Victory Medal.  He enlisted in the Regular Army on 19 April 1950 for 3 years.  He was trained as an Infantryman, and the highest rank he attained was the rank of sergeant.

5.  His records show that he arrived in Korea on 12 September 1951 and was assigned to a replacement unit.  He then was assigned to Company C, 772nd Military Police Battalion from 19 September 1951 through 2 May 1952.  He was assigned to the 2nd Infantry Division on 3 May and to Company D, 1st Battalion, 23rd Infantry (Regiment), 2nd Infantry Division on 10 May 1952.  He served with this unit through 26 November 1952, when he was returned to Japan for return to the United States on 14 December 1952.  He was honorably discharged on 4 May 1953.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was awarded the Korean Service Medal, with 
2 bronze service stars (BSS), the United Nations (Service) Medal and the Combat Infantryman Badge.  His Personnel Qualification Record (DA Form 20) shows that he was credited with award of the Meritorious Unit Citation (MUC-a United States award), by Department of the Army General Order (DAGO) 45-52 (sic 47-52) and award of the Republic of Korea Presidential Unit Citation (ROK PUC), by DAGO 33-53, but these awards are not reflected by any entries on his DD Form 214 issued in May 1953 at the time of his discharge.  There is no indication in his records that he was ever issued a Distinguished Unit Citation (DUC) (now designated a Presidential Unit Citation (PUC)).  

6.  The applicant reenlisted in the Regular Army on 29 December 1955, and his service thereafter was continuous until he was honorably released from active duty on 28 February 1970 and was placed on the Retired List on 1 March 1970.  His rank at the time of retirement was sergeant first class, pay grade E-7.  (Note: He voluntarily declined promotion to the rank of master sergeant, pay grade E-8, on 12 January 1970.)  He served initially as a Light Weapons Infantryman (military occupational specialty (MOS) 11B), then for a majority of this period as an Administrative Supervisor (MOS 71L).  He had an additional assignment in Korea for l6 months in 1956 and 1957, then had assignments in France, Vietnam and Germany.

7.  His awards and decorations earned during this period included the Joint Services Commendation Medal, three awards of the Army Commendation Medal, five awards of the Good Conduct Medal, two awards of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/60 device and four overseas bars.  

8.  A further review of the Army’s campaign registers and Department of the Army General Orders (DAGO’s) show that the 772nd MP Battalion, to which he was assigned on l2 September 1951, received two unit awards.  The first was the Meritorious Unit Commendation (MUC) for meritorious service between 
8 October 1950 and 5 September 1951.  The second was the ROK PUC for service between 19 September 1950 through 31 July 1952

9.  The 1st Battalion, 23rd Infantry (Regiment) was credited with two awards of the DUC (now the PUC) for valorous action between 13-15 February 195l and 
16-22 May 1951.  It also received the ROK PUC for duty between 19 September 1950 and 3l July 1952.  However, paragraph 9-25 of Army Regulation 600-8-22 precludes the wear of more than one ROK PUC and no oak leaf cluster or other appurtenance (denoting second and subsequent awards) is authorized.   

10.  DAGO 47, dated 5 May 1952, awarded the DUC to the 772nd MP Battalion for distinguished service in Korea between 8 October 1950 and 5 September 1951.

11.  DAGO 33, dated 13 April 1953, authorized the award of ROK PUC to the 772nd MP Battalion for the period 19 September 1951 through 31 July 1952.  

12.  DAGO 41, dated 22 June 1955, authorized the award of the ROK PUC to the 1st Battalion 23rd Infantry for the period 19 September 1950 through 3l July 1952. 

13.  Army Regulation 670-1, in pertinent part, states that 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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.  

15.  Paragraph 7-15a of that same regulation states that the MUC (previously known as the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after l January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Units based in the continental United States are excluded from the award, as well as other units outside the combat area.  

16.  No provision of Army Regulation 600-8-22, or the prior Army regulation on individual and unit awards (Army Regulation 672-5-l) provides for the conversion of a unit award to an individual award.  Paragraph 1-23 of this regulation governs conversion awards but specifies that only the Purple Heart and the SS for service during World War I, and the BSM and the ARCOM for service during WWII are categorized as conversion awards.  These conversions are made based on letters, certificates, citations and/or orders executed and issued to an individual prior to l July 1947.  

17. Army Regulation 600-8-22, in pertinent part, also authorizes award of a BSS, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Appendix B shows that there were four campaigns in Korea during the period September 1951 - December 1952.  They included:  the UN summer-fall offensive, 9 July-27 November 1951;  the second Korean winter, 28 November 1951-30 April 1952;  the Korean, summer-fall 1952, 1 May-
30 November 1952; and the third Korean winter, 1 December–30 April 1953.  

CONCLUSIONS:

1.  The applicant’s records, and Department of the Army regulations and general orders fail to reveal that the applicant is entitled to the award of one or more DUC’s or PUC’s.  The applicant was not assigned to the 1st Battalion, 23rd Infantry, 2nd Infantry Division, in Korea in February or May 1951, during which time-frame that unit earned it’s two awards of the DUC.  The applicant was not assigned to that unit until May 1952.  His unit did not receive any United States unit citations for actions during the summer/fall of l952.  

2.  Notwithstanding the issuance of the certificate designating the applicant as a member of the Order of the Arrowhead, 2nd Infantry Division, and signed by the commanding general, a major general, in November 1952, this certificate would not provide a basis for conversion of a PUC to a SS or BSM for any soldier assigned to the 2nd Infantry Division at that time.  Further, the applicant’s certification of the details of his unit’s participation in the efforts to secure Hill 327 and Hill 269 (Old Baldy) in July l952, included with his application, do not constitute Department of the Army approval of the award of the DUC (PUC) to his unit.  Additionally, there are no provisions in Army regulations to convert certificates or other documents denoting participation in combat operations/actions to these awards after 1947. 

3.  Further, notwithstanding the entry on his Personnel Qualification Record, the applicant is not entitled to the award of the MUC.  He was not assigned to the 772nd MP Battalion until 19 September 1951, 2 weeks (14 days) after the ending period for which the MUC was authorized for that unit.

4.  However, the applicant’ is entitled to one award of the ROK PUC based on his assignment to the 772nd MP Battalion between September 1951 and May 1952.  This award should have been reflected on his DD Form 214 issued on 4 May 1953.  (NOTE:  The later award of this medal to the 1st Battalion, 23rd Infantry would not entitle the applicant to a second award of this medal.)  

5.  The DD Form 214 should have also reflected award of 4 BSS to his KSM,  denoting participation in four campaigns in Korea between September 1951 and December 1952, rather than the 2 BSS he is now authorized. 

6  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

a.  that the individual concerned is entitled to the award of the ROK PUC for service in Korea between September 1951 and December 1952; and

b.  that he is entitled to the award of 4 BSS rather than 2 BSS to his KSM issued for the same period of service in Korea.

2.  That upon completion of the above actions, that a DD Form 2l5 (Correction to DD Form 214) be issued to correct the DD Form 214 issued to the applicant on 
4 May 1953.
3.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

_KLW__ _  __MW___  __FKM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10414/AR1998000702	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.