PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               14 March 2002           
	DOCKET NUMBER:       AR2001066223

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Walter T. Morrison		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all the awards to which he is entitled.

3.  The applicant states that line 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show all the awards he has earned.  He believes that he is entitled to the awards that are checked on AGO Form 0657 (Authorization for Issuance of Awards).  In support of his application, he submits a copy of his DD Form 214 and AGO Form 0657.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 18 October 1950.  He served in Korea and was honorably released from active duty on 22 September 1951.

5.  The applicant’s DD Form 214 only shows entitlement to award of the Purple Heart.  The applicant’s records contain a hospital admission record which shows that he was an infantryman serving in the 38th Infantry Regiment when he was wounded on 7 January 1951.

6.  The applicant provided a copy of AGO Form 0657, dated 12 November 1952, which shows he was authorized award of the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.  However, these awards are not shown on his DD Form 214. 

7.  The Board noted that the applicant is entitled to award of the National Defense Service Medal and the Republic of Korea Presidential Unit Citation which are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal.  This document does not show that the applicant’s unit, the 38th Infantry Regiment, received occupation credit for Japan.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit, to which the applicant was assigned, the 38th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 10-54. 

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal 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.

11.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The regulation 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.

12.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal 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 Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  Army Regulation 600-8-22 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 be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

CONCLUSIONS:

1.  There is no indication in the Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) that the 38th Infantry Regiment was cited for award of the Army of Occupation Medal with Japan Clasp.  Therefore, there is no basis for amending the applicant’s DD Form 214 to show this award.

2.  Evidence available to the Board shows the applicant was authorized award of the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge; therefore, his DD Form 214 will be amended to show these awards.

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of records to show this award.

4.  While the applicant was assigned to the 38th Infantry Regiment in Korea, the unit was cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, his DD Form 214 will be amended to show this unit citation.

5.  In view of the foregoing findings and conclusions, 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 the individual concerned was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Combat Infantryman Badge, the National Defense Service Medal and 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:  

JL______  RWA____  WTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001066223	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020314	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.