PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 April 2001                  
	DOCKET NUMBER:   AR2000049356

	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	
	M . Walter Avery		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 that his DD Form 214 (Separation Document) be corrected to show his rank as corporal, his awards of the Combat Infantryman Badge (CIB), the Purple Heart, the Korean Presidential Unit Citation and the O.R. Korea (The Board believes the applicant is requesting the Overseas Service Ribbon for service in Korea).

3.  The applicant states that at separation he noted the errors, but the missing awards were simply handwritten onto the form.

4.  The applicant’s military records show that he entered active duty on 27 May 1948, was trained in military occupational specialty 4745 (Infantry) and served in Korea from 9 September 1950 to 16 October 1951.  He was honorably discharged on 2 May 1952 in the grade of private.

5.  His awards included the Korean Service Medal with Five Bronze Service Stars and the Republic of Korea Presidential Unit Citation.

6.  On 14 October 1950 Headquarters 17th Infantry issued orders awarding the applicant the CIB.

7.  On 24 February 1951 Headquarters 155th Station Hospital issued orders awarding the applicant the Purple Heart.  On 4 September 1991 DA Form 1577 (Authorization For Issuance of Awards) reflects that the Purple Heart Medal was ordered for shipment to the applicant.

8.  On 4 September 1951 the applicant, then a corporal, was found guilty by a special court-martial of absence without leave and missing movement.  He was sentenced to be reduced to the lowest enlisted grade, to forfeit fifty dollars of his pay per month for six months, and to be confined at hard labor for six months.  The sentence was approved and ordered executed except that portion relating to confinement which was suspended upon his embarkation for service in Korea.

9.  On 16 November 1951 Headquarters Fort Lawton issued reassignment special orders that listed the applicant’s grade as private.

10.  On 9 April 1952 Headquarters 147th Infantry issued weapon qualification orders that listed the applicant’s grade as corporal.

11.  The Board noted that the applicant’s service during the Korean Conflict might qualify him for award of the Korean War Service Medal.  On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. 

12.  AR 600-8-22 provides for award of the United Nations Service Medal (UNSM).  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 UNSM.

13.  AR 600-8-22, provides, in pertinent part, that the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. 

14.  The same regulation provides that the National Defense Service Medal (NDSM) is awarded for honorable service for any period between 27 June 1950 and 27 July 1954.

CONCLUSIONS:

1.  The evidence available in the records lead the Board to conclude that the applicant’s rank at the time of separation was corporal and that he was awarded the CIB and the Purple Heart, therefore, his records should be corrected to reflect this rank and these awards.

2.  The applicant’s record already reflects his award of the Republic of Korea Presidential Unit Citation; therefore, no corrective action is required.

3.  The Board notes that the applicant was entitled to award of the UNSM and the NDSM for his service in Korea; therefore, his records should be corrected to show these awards.

4.  The Board notes the applicant’s service in Korea during the Korean Conflict may entitle him to receive the Korean War Service Medal; however, the applicant must apply to the Department of the Air Force for a determination regarding his eligibility to be issued this foreign award.

5.  The OSR was not established until 1981, therefore, the applicant is not entitled to this award.

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: 

	a.  showing that the rank of the individual concerned was corporal on the date of his separation; and

	b.  showing that he was awarded the CIB, the Purple Heart, the UNSM and the NDSM.

2.  That the individual concerned in this case apply for award of the Korean War Service Medal by submitting his request in accordance with the administrative instructions attached to these Proceedings.

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

BOARD VOTE:  

__rwa __  ____dph _  ___rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Roger W. Able________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049356	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.