PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 November 2002
	DOCKET NUMBER:   AR2002074790

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Donald P. Hupman		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 report of separation (DD Form 214) be corrected to reflect that he served in Korea and that he was injured there.

3.  The applicant states, in effect, that his DD Form 214 does not show that he was injured while serving in Korea.  In support of his application he provides a copy of his DD Form 214.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the DD Form 214 provided by the applicant, as well as records obtained from alternate sources, show that he was inducted in Kansas City, Missouri on 21 January 1951. 

5.  He served in Korea for 10 months and 13 days with the 453rd Engineer Construction Battalion as a heavy equipment operator from May 1951 to 11 April 1952, when he was admitted to the hospital for arthritis to his left wrist joints.  He was medically evacuated to a hospital at Fort Chaffee, Arkansas, where it was determined that his arthritis was due to direct trauma incurred in a motorcycle accident in 1950, with surgical removal of three carpal bones.  His injury was determined to have existed prior to entry into the service (EPTS) and it was also determined that he did not meet the minimum standards for enlistment or induction.

6.  On 3 June 1952, the applicant submitted a request for discharge for the convenience of the government, due to a disability that existed prior to his entry into the service.  His request was approved and he was honorably discharged on 7 July 1952, under the provisions of Army Regulation 615-365 and Special Regulation 600-450-10, for the convenience of the government due to a disability that existed prior to entry on active duty, that was not aggravated by military service.  He had served 1 year, 5 months and 17 days of total active service, of which 10 months and 13 days were spent overseas.  His DD Form 214 listed no decorations and awards at the time of his separation in the rank of private first class (PFC); however, he was subsequently awarded the Army Good Conduct Medal (GCMDL) and the National Defense Service Medal (NDSM) in 1994, by the Army Reserve Personnel Center (ARPERCEN).  There is no evidence that his DD Form 214 was ever corrected to reflect those awards. 

7.  Information obtained from hospital admission records maintained by the Department of the Army Office of the Surgeon General, confirms that the applicant was admitted to a hospital in Korea on 11 April 1952, that he was evacuated to the United States and that he was discharged from the hospital in June 1952.

8.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-Korean Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean Conflict.  

9.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 33-53, awarded the Republic of Korea Presidential Unit Citation (ROKPUC) to the 453rd Engineer Construction Battalion for the period of 19 September 1950 through 31 July 1952.  

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korean Service Medal (KSM) is a United Nations Service Medal (UNSM) that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954.  The service must have been performed while on permanent assignment, or on temporary assignment for 30 consecutive days, or in active combat against the enemy.  The award of the KSM is sufficient to award the UNSM as well.

11.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea 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 service award to eligible US Veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.

12.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center. 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant with his copy of these proceedings.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

CONCLUSIONS:

1.  The applicant’s DD Form 214 was properly prepared at the time of his separation to show that he served 10 months and 13 days of foreign service.  However, because of the absence of his awards, there is no way for individuals viewing the DD Form 214 to determine where his overseas service was performed unless the individual knows where his unit was at the time in question.
2.  The applicant was clearly authorized awards of the KSM, UNSM, ROKPUC, NDSM and the GCMDL.  While the NDSM and GCMDL have been awarded, they were not entered on his DD Form 214.

3.  Accordingly, it would be in the interest of justice to award him the KSM, the UNSM, the ROKPUC at this time and correct his DD Form 214 to show not only those awards, but the awards of the NDSM and GCMDL as well.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the KSM, the UNSM, the ROKPUC and by adding his awards of the NDSM and GCMDL along with those awards to his DD Form 214.

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

BOARD VOTE:  

___ao___  __rks____  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074790	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  116	107.0070/KSM	
2.  131	107.0085/UNSM	
3.  138	107.0092/ROKPUC	
4.  189	110.0000/CORR 214	
5.		
6.