PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000                  
	DOCKET NUMBER:   AR1999032550

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 correction of his military records to show award of the Republic of Korea Presidential Unit Citation and the Army Commendation Medal or the Soldier’s Medal.  

3.  The applicant states, in effect, that his unit was cited for the Republic of Korea Presidential Unit Citation.  He also contends that he was informed that he was  recommended for the Army Commendation Medal or the Soldier’s Medal for rescuing a soldier from a smoking truck in Korea in May 1969.  In support of his application, he submits a letter of explanation.
 
4.  The applicant’s military records show that he was inducted in the Army of the United States on 6 September 1967 and was honorably discharged on 
11 September 1967 to enlist in the Regular Army.  He enlisted in the Regular Army on 12 September 1967 for a period of 3 years.  The applicant served as a light weapons infantryman in Korea from 20 May 1969 through 4 June 1970 and was honorably discharged on 4 June 1970. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Republic of Korea Presidential Unit Citation, the Army Commendation or the Soldier’s Medal as authorized awards. 

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, the 7th Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 17 September 1950 to 27 March 1971 by Department of the Army General Orders Number 50, dated 1971.

7.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Army Commendation Medal.

8.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Soldier’s Medal.  

9.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal or the Soldier’s Medal. 

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious 

achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within
2 years of the event or period of service and the award must be made within
3 years.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant’s unit was cited for the Republic of Korea Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show award of the Republic of Korea Presidential Unit Citation.  

2.  The Board noted the applicant’s contention that he was put in for the Army Commendation Medal or the Soldier’s Medal for rescuing a fellow soldier from a smoking truck in Korea in May 1969.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal or the Soldier’s Medal.  Therefore, he is not entitled to correction of his military records to show these awards.  

3.  In view of the foregoing findings and conclusion, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:  

MKP_____  GDP____  TBR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999032550	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700604	
DISCHARGE AUTHORITY	AR 635-200, Chapter 5  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0092	
2.	107.0020	
3.	107.0010	
4.		
5.		
6.