PROCEEDINGS

	IN THE CASE OF:  .

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001061442

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 Legion of Merit (LOM) awarded to him as a retirement award on 3 December 1969, be added to his DD Form 214 (Report of Transfer or Discharge) which he received at retirement on 31 July 1969.

3.  The applicant states, in effect, that he received his retirement LOM after his DD Form 214 was published at retirement on 31 July 1969.  He would like to have the award added to his DD Form 214 since it was for service during the period covered by the DD Form 214.  He provides a copy of the LOM award certificate that shows that the LOM was awarded to him on 3 December 1969 for the period of service from July 1959 to July 1969.

4.  The applicant’s military records show that that he was retired as a colonel on 31 July 1969, with 26 years, 9 months, and 20 days active service and a total of 32 years and 2 days service creditable for pay purposes.  His final assignment was as Director of Maintenance, U. S. Army School/Training Center and Fort Gordon, Fort Gordon, Georgia.

5.  His DD Form 214 for the period ending 31 July 1969, shows that he was awarded the National Defense Service Medal with oak leaf cluster, the Korean Service Medal with 2 bronze service stars, the Bronze Star Medal with 2 oak leaf clusters, and the United Nations Service Medal.

6.  His DA Form 66 (Officer Qualification Record) shows that he served in Korea from 13 June 1951 through 12 January 1952, and that he was assigned to the 707th Ordnance Maintenance Company in Korea on 9 July 1951.

7.  In response to an earlier request from the applicant that he be provided all foreign service awards for which he was eligible and that these awards and his LOM be recorded on his DD Form 214 for the period ending 31 July 1969, the Board determined on 23 September 1998, that the applicant was authorized to have the following additional awards added to his DD Form 214 for the period ending 31 July 1969.  This was accomplished by the issue of DD Forms 215 
on 7 May 1999.  The Board denied adding the LOM since there was no evidence of its award.  The awards added were: the Army Commendation Medal, the Army of Occupation Medal with Germany and Japan clasps, the American Defense Service Medal, the European-African-Middle Eastern Service Medal with 
4 bronze service stars, the American Campaign Medal, 3 Overseas Bars, the World War II Victory Medal, and Marksmanship Qualification Badge with rifle bar.

8.  The applicant again applied to have the LOM added to his DD Form 214, but provided no evidence.  In a letter from the Board, dated 28 November 2000, the staff of the Board determined that there was no new evidence and therefore no reconsideration was warranted by the Board at that time.

9.  The Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 707th Ordnance Maintenance Company to which the applicant was assigned from 9 July 1951 through 12 January 1952, was authorized a foreign award, the Republic of Korea Presidential Unit Citation, for the period of 30 September 1950 through 27 July 1953, by DA General Orders 22-56.

10.  The Korean War Service Medal (KWSM), a foreign award presented by the Government of Korea, was approved by the Assistant Secretary of Defense (Force Management Policy) on 20 August 1999, for acceptance and wear by soldiers who served in Korea from 27 June 1950 to 27 July 1954.  This action is in connection with the 50th Anniversary of the Korean War.  The Department of the Air Force has the responsibility for distribution of this medal and will provide a plan to ensure that all eligible veterans receive this prestigious award.  The applicant should request the award medal in writing, with a copy of his DD Form 214 and 215, to HQ AFPC/DPPPRK, 550 C Street W, Ste 12, Randolph AFB, Texas 78150-4714.

CONCLUSIONS:

1.  Orders for award of the LOM have not been located.  However, in spite of the absence of such orders and in view of the available LOM award certificate, the LOM should be added to the DD Form 214, for the period ending on 31 July 1969.  The period of the award, July 1959 to July 1969, shown on the LOM certificate, presumably awarded as a retirement award, is consistent with the applicant’s record and level of service at retirement.

2.  The applicant is authorized award of the Republic of Korea Presidential Unit Citation which should be added to his DD Form 214 for the period ending 31 July 1969.

3.  The applicant is also eligible for the Korean War Service Medal.  He should apply for this award according to the instructions in paragraph 10 above.

4.  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 for the individual concerned by issuing a DD Form 215 (Correction to DD Form 214), for the period ending 31 July 1969, to showing that he was awarded the LOM, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

__iw___  ___gw___  ___rw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061442	
SUFFIX		
RECON	19980923	
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107 – Awards and Decorations	
2.		
3.		
4.		
5.		
6.