PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 November 2000   
	DOCKET NUMBER:   AR2000042999

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 correction of item 30 (Remarks) on his DD Form 214 (Report of Transfer or Discharge) with an effective date of 30 June 1972 to show the entry “KOREA – YES” instead of “KOREA – NO”.  He also requests award of the “Korea Service Ribbon with silver battle star” (correctly known as the Korean Service Medal with a silver service star), the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) and the “Korea Presidential Unit Citation” (correctly known as the Republic of Korea Presidential Unit Citation).

3.  The applicant states, in effect, that he was sent to Korea with the 2d Battalion, 29th Infantry Regiment, in July 1950.  He contends that his battalion was integrated into the 27th Infantry Regiment, 25th Infantry Division, as their third battalion.  He goes on to state that he was wounded in action on 9 September 1950, evacuated to a hospital and awarded the Purple Heart.  In support of his application, he submits a letter of explanation, a copy of his DD Form 214 with an effective date of 30 June 1972, a document describing the chronological events regarding his combat service during the Korean War and three newspaper articles.        

4.  The applicant’s military records show that he completed over 24 years of active duty on 30 June 1972 when he retired in the rank of colonel.

5.  Item 30 (Remarks) on the applicant’s DD Form 214 with an effective date of 30 June 1972 shows the entry “KOREA - NO”.  

6.  The applicant’s DD Form 214 with an effective date of 30 June 1972 does not show the Korean Service Medal with a silver service star, the Distinguished Unit Citation or the Republic of Korea Presidential Unit Citation as authorized awards. The Board notes that the DD Form 214 does show the Korean Service Medal as an authorized award.

7.  Item 17 (Foreign Service) on the applicant’s DA Form 66 (Officer Qualification Record) shows the applicant served in Korea from 24 July 1950 to 10 September 1950 and participated in one campaign (UN Defensive, 27 June 1950 to 
15 September 1950) during the Korean War.  His records also show that he served in Korea from 31 July 1962 to 20 June 1964.  

8.  The applicant’s DA Form 66 (Officer Qualification Record) shows that the applicant was assigned to Company L, 29th Infantry Regiment, in Korea from
24 July 1950 through 4 September 1950.    

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 29th Infantry Regiment was cited for award of the Distinguished Unit Citation for actions on 1-4 September 1950 by Department of the Army General Orders Number 49, dated 1951.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 29th Infantry Regiment was not cited for award of the Republic of Korea Presidential Unit Citation during the period 24 July 1950 to 4 September 1950.

11.  The applicant’s DA Form 66 (Officer Qualification Record) shows that the applicant was assigned to Company L, 27th Infantry Regiment, in Korea from
5 September 1950 until he was wounded on 9 September 1950 and evacuated on 10 September 1950.    

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 27th Infantry Regiment was not cited for award of the Distinguished Unit Citation or the Republic of Korea Presidential Unit Citation during the period 5 September 1950 to 10 September 1950.

13.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

14.  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.  This regulation authorizes award of a bronze service star, 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.  A silver service star is authorized in lieu of five bronze service stars.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean Government.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that the entry “KOREA – NO” in item 30 (Remarks) on his DD Form 214 with an effective date of 30 June 1972 is 

incorrect.  However, in accordance with the governing regulation, service on or after 5 August 1964 in Korea will be shown in item 30 (Remarks) and the entries “Yes” or “No” for this service.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served in Korea after 5 August 1964.  Therefore, this entry in item 30 is correct as currently constituted.

2.  The applicant’s DD Form 214 with an effective date of 30 June 1972 shows the Korean Service Medal as an authorized award.  

3.  The Board noted the applicant’s contention that he is entitled to the Korean Service Medal with one silver service star.  However, there is no evidence to support this contention. 

4.  Evidence of record shows that the applicant served in Korea from 24 July 1950 to 10 September 1950 and participated in one campaign during the Korean War.  Therefore, the applicant is entitled to award of the Korean Service Medal with one bronze service star and correction of his military records to show this medal.  

5.  The applicant’s unit of assignment in Korea was cited for the Distinguished Unit Citation while he was a member of that unit.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 30 June 1972 to show this award.

6.  There is no evidence of record, and the applicant has provided no evidence, which shows that his unit was cited for the Republic of Korea Presidential Unit Citation.  Therefore, the applicant is not entitled to this award.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Korean Service Medal with one bronze service star and the Distinguished Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  MHM___  PM______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR2000042999	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720630	
DISCHARGE AUTHORITY	Title 10 USC Section 3911	
DISCHARGE REASON	After more than 24 years active Federal service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0070	
3.	107.0031	
4.	107.0092	
5.		
6.