MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 November 2002                   
	DOCKET NUMBER:   AR2002072749

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Bronze Star Medal (BSM) with "V" Device and the French Fourragere.

APPLICANT STATES:  In effect, that the recommendation for the BSM with  "V" Device had to be destroyed to keep it out of the hands of the Chinese in 1951.

EVIDENCE OF RECORD:  The applicant's reconstructed record shows:

Only a limited number of documents pertaining to the applicant's service were available for review by the Board.  It is believed that the remainder of the documents normally associated with military service were lost or destroyed in the National Personnel Records Center fire of 1973.

The available records show that the applicant enlisted in the Army on
28 September 1949.  He was assigned to Korea following completion of all required military training.  On an unknown date in 1950, the applicant arrived in Korea.

The applicant contends that, "The records were destroyed a couple of times, all personally property was destroyed to keep out of the hands of Korea and China (enemy)."

On his return from Korea, he was assigned to the Separation Section, 101st Airborne Division, Camp Breckenridge, Kentucky, for separation processing.

He was honorably separated from the Army on 6 December 1952 in the rank of Private, pay grade E-2.  On the date of his separation, he had 3 years, 2 months, and 9 days active Federal service.  He was given credit for 2 years, 4 months, and 8 days foreign service.

A review of records for the 23rd Infantry Regiment, 2nd Infantry Division, which are maintained at the National Archives, College Park, Maryland, was conducted for any evidence that the applicant was recommended for or awarded the BSM with "V" Device.

Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, Report of Separation from the Armed Forces of the United States, that was issued the applicant on his separation shows that he was awarded the Purple Heart, the Combat Infantryman Badge, the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  To be considered, recommendations for award of the BSM must be made within 2 years of the event or period of service and the award must be made within 3 years.

The bronze "V" device indicates acts of heroism involving conflict with an armed enemy.

DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupational duty credit for World War II and for the Korean War.

The French Croix de Guerre was awarded by the Government of France during World War I and World War II as an individual award and as a unit award.  When a unit was cited two times for award of the Croix de Guerre, the Government of France published the appropriate decree for award of the French Fourragere.  Members of the unit who were present during the action for which the unit was cited were authorized to wear the French Fourragere.  In the absence of a decree by the Government of France awarding the French Fourragere, units cited two or more times for the French Croix de Guerre are not entitled to the French Fourragere.  The above referenced pamphlet lists all awards made to units during World War II and the Korean War.

On 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.  In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal.  When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The review of records for the 23rd Infantry Regiment, which was conducted at the National Archives, failed to show that the applicant was either recommended for or awarded the BSM with "V" Device.

2.  There is no evidence available to show that the applicant was recommended for or awarded the Croix de Guerre or the French Fourragere.

3.  There is no indication that the applicant's unit, the 23rd Infantry Regiment, and its superior divisional unit, the 2nd Infantry Division, was awarded either the Croix de Guerre or the French Fourragere by the government of France for action against a hostile enemy during the Korean War.

4.  The Board noted that a copy of the applicant's DD Form 214 was available for its review.  The Board further noted that the applicant signed his DD Form 214 attesting to the fact that he was not entitled to award of the BSM with "V" Device and either the Croix de Guerre or the French Fourragere.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __ena___  __jtm___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002072749	
SUFFIX		
RECON		
DATE BOARDED	20021105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0014	
3.	107.0096	
4.		
5.		
6.