PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001056618

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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, that his military records be corrected to show award of his Purple Heart (PH) and four bronze service stars on his Korean Service Medal (KSM).

3.  The applicant states, in effect, that his Report of Separation from the Armed Forces of the United States (DD Form 214) does not properly show his PH and all four bronze service stars on his KSM.  In support of his application, he provides a copy of his Transcript of Military Record (DA Form 1569).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

5.  He enlisted in the Army on 21 July 1950 for 3 years.  He completed his initial training and, on 18 January 1951, was assigned to the Republic of Korea (ROK) for combat duty.  He was wounded in action on 26 February 1951 and returned to the United States on 25 January 1952.

6.  The applicant’s DD Form 214 indicates in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) award of the Meritorious Unit Commendation (MUC) and the KSM with 2 bronze service stars.

7.  An undated DA Form 1569 pertaining to the applicant’s military record shows in Item 20 (Remarks) that he was authorized the PH, MUC, and KSM with 
4 bronze service stars.

8.  Department of the Army Pamphlet 672-1 documents that during the time period that the applicant served in the ROK, his unit took part in five campaigns which included the Communist Chinese Forces (CCF) Intervention, the First United Nations (UN) Counteroffensive, the CCF Spring Offensive, the UN Summer-Fall Offensive, and the Second Korean Winter Campaigns.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 
14 August 1974, and 2 August 1990 through 30 November 1995.

10.  Army Regulation 600-8-22 provides for award of the KSM.  In pertinent part, the regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  That regulation further provides that a bronze service star is worn on the KSM to denote participation in each battle campaign.  A silver service star represents five bronze service stars.

11.  Army Regulation 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 UNSM 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 KSM automatically establishes eligibility for award of the UNSM.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant’s DD Form 214 indicates that he was wounded in action on 
26 February 1951.  Therefore, he is entitled to award of the PH.

2.  The applicant served in the ROK during a part or all of five battle campaigns.  Therefore, he is entitled to wear a silver service star on his KSM.

3.  The applicant served on active duty during a qualifying period entitling him to award of the NDSM.

4.  The applicant served in the ROK during a qualifying period entitling him to award of the UNSM.

5.  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, particularly the DD Form 214 of the individual concerned, be corrected:

a.  by showing he was awarded, the NDSM, the UNSM, and the KSM with one silver service star.

b.  by showing he was awarded the PH for wounds received in action on 26 February 1951.

2.  That due to the extremely poor readability, an entirely new DD Form 214 be issued to the applicant. 

BOARD VOTE:  

__MKP   _  __TBR __  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056618	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
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.