PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 11 October 2001             
	DOCKET NUMBER:        AR2001061054

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Matinez		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 records be corrected to show entitlement to awards earned during his active duty and his overseas service. 

3.  The applicant states, in effect, that he is entitled to award of the Combat Infantryman Badge (CIB) and that he served with the 24th Infantry (Inf) Regiment, 25th Inf Division (Div) while in Republic of Korea (ROK). 

4.  The applicant’s military records show that he enlisted in the Army on 10 May 1950.  He completed his required training and was awarded military occupational specialty 4745 (Rifleman).  

5.  During the period 1 to 8 October 1950, he was in a replacement unit in Japan.

6.  During the period 8 October to 25 December 1950, he served in the ROK with the 24th Inf Regiment.

7.  During the period 3 to 15 December 1950, he was missing in action.

8.  On 26 December 1950, he was medically evacuated to Osaka Army Hospital, Japan for frostbite.

9.  On 5 January 1951, Osaka Army Hospital Order 608 announced the award of the Purple Heart (PH) based on his frostbite on 1 December 1950.

10.  On 26 January 1951, he was transferred to Valley Forge General Hospital (VFGH), Pennsylvania for continuing treatment of his frostbite.

11.  On 19 May 1951, he was absent without leave (AWOL).

12.  On 24 July 1951, he was advanced to the rank of corporal.

13.  During the period 18 December 1951 to 3 January 1952, he was assigned to the 97th General Hospital in Germany.  He was reassigned to VFGH.

14.  During the period 5 to 6 April 1952, he was AWOL.

15.  During the period 9 to 11 May 1952, he was AWOL.  

16.  On 17 May 1952, he was reduced to the rank of private first class.

17.  On 19 July 1952, he was honorably discharged, in the rank of private first class, based on physical disability and awarded a 20 percent disability rating (10 percent for Asthma and 10 percent for frostbite).  His separation document indicates he had 2 years, 2 months and 4 days of creditable service and 6 days of lost time.  He was entitled to award of the PH and the Korean Service Medal (KSM).  At the time of his discharge, his commander recommended him for award of the Good Conduct Medal (GCMDL).

18.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

19.  Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

20.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM).  The regulation states, in pertinent part, 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.

21.  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.

22.  Army Regulation 600-8-22, in pertinent part, 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.

CONCLUSIONS:

1.  The evidence of record clearly shows he was entitled to award of the GCMDL for the period 10 May 1950 to 19 July 1952, the CIB, the NDSM, the UNSM, and 2 bronze service stars to the KSM.

2.  The evidence shows he served in Japan from 1 to 8 October 1950 and         26 December 1950 to 25 January 1951; in the ROK from 8 October to               25 December 1950; and Germany from 18 December 1951 to 3 January 1952.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the GCMDL for the period    10 May 1950 to 19 July 1952, the CIB, the NDSM, the UNSM, and 2 bronze service stars to the KSM (United Nations Offensive and the Chinese Communist Forces Intervention).

BOARD VOTE:  

_jam____  _mdm___  _jam____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061054	
SUFFIX		
RECON		
DATE BOARDED	20011011	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.