PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR1999034703

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs  		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr.		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 that his DD Form 214, Report of Separation From The Armed Forces of The United States, be corrected to show his Korean War service and the award of the Purple Heart (PH).

3.  The applicant states that he served in Korea and France, but his overseas service is not reflected.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources which show that, with 1 year, 1 month, and 7 days of prior service, the applicant enlisted in the Regular Army (RA) for 3 years on 18 March 1949.  When he was honorably discharged on 30 September 1952, he had a total of 4 years, 7 months, and 20 days of creditable service, of which 2 years, 6 months, and 9 days was foreign service.

5.  The applicant's DD Form 214 indicates that he served with the 18th Infantry Regiment.  This unit was a part of the 1st Infantry Division during World War II.  Following the war, the division saw occupation duty in Germany until 1955.  This probably accounts for the award of the Army of Occupation Medal with Germany Clasp reflected on the applicant's DD Form 214.

6.  The applicant's DD Form 214 also shows that he was awarded the Army of Occupation Medal with Japan Clasp.  Alternate records reflect that he was a member of Company C, Engineer Battalion, 24th Infantry Division.  The division saw occupation duty in Japan following the end of World War II.  On 25 June 1950, North Korean troops crossed the 38th Parallel and attacked South Korea to start the Korean War.  The 24th Infantry Division landed in Pusan, Korea on 1 July 1950.  The record shows that the applicant was wounded on 18 July 1950 and evacuated.  He was awarded the PH in December 1950 by Adjutant General Division letter orders and the medal was presented in a ceremony in January 1951.

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It states that the National Defense Service Medal (NDSM) was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991.  It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined.  It also states that the Korean Service Medal (KSM) was established by Executive Order 10179, dated 8 November 1950 for service in Korea between 27 June 1950 and 27 July 1954.  

One bronze service star is awarded for each campaign credited.  Finally, the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea on behalf of the United Nations in action in Korea.  Personnel awarded the KSM automatically establish eligibility for the UNSM.

8.  The regulation also prescribes that the Army Good Conduct Medal (AGCM) 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 Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The applicant served in Korea during the Korean War.  He was a member of the 24th Infantry Division which landed in Korea on 1 July 1950.  He was wounded on 18 July 1950 and evacuated.  He was awarded the PH by Adjutant General Division letter order and the presentation was made in January 1951.

2.  The applicant is also entitled to the AGCM, NDSM, KSM, and UNSM.

3.  The applicant's DD Form 214 reflects 2 years, 6 months, and 9 days of foreign service in Germany and Japan; the addition of the above awards will establish service in Korea as a portion of that 21/2 years.

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 by awarding to the individual concerned the PH, AGCM, NDSM, KSM with one bronze service star, and the UNSM.
BOARD VOTE:  

__dsj___  __kak____  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR1999034703	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0069	
4.	107.0070	
5.	107.0085	
6.