ACTIVE RESOLUTIONS

RESOLUTION 002 AMENDED AND APPROVED
AWARD UNITED NATIONS KOREAN MEDAL TO U.S. FORCES IN KOREA
  

BE IT RESOLVED, that The Korea Defense Veterans of America petition the U.S. Joint Chiefs of Staff to request  an extension of award of  the United Nations Korean Medal to United States Armed Forces serving under the UN Command from 28 July 1954 to a date when U.S. Armed Forces no longer operate under the UN Command; and  

BE IT KNOWN, the Congress and the Defense Department of The United States authorized the Korea Defense Service Medal to all U.S. military personnel serving under the UN Command from 28 July 1954 to Open; and  

WHEREAS, acceptance and wear of the UN Korean Medal was authorized by U.S. Public Law 83-354, which authorized the acceptance for foreign medals and decorations from June 27, 1950 through July 27, 1955, for the Korean War; and  

WHEREAS, a request from the U.S. JCS, or military authority of any country serving under the UN Command, is required by the UN for consideration of extension of award eligibility; and  

WHEREAS, precedent for extending qualifying dates exists:  Netherlands to January 1, 1955 and Thailand and Sweden to July 27, 1955; and  

WHEREAS, this region is technically at the same state-of-war that began 25 June 1950 and only a temporary halt to the open hostilities to allow ongoing negotiation exists; no surrender, peace treaty, or other agreement exists that allows for the standing down of a deterrent armed force; and  

WHEREAS, United States Armed Forces continue to operate under the UN Command supporting the unchanged UN Security Council Resolution of 1950 and these U.S. Forces are an extension of the initial belligerents who were authorized the UN Korean Medal automatically with the Korean Service Medal; and  

WHEREAS, orientations have been given after 27 July 1954 to U.S. military personnel processing in-country (R.O.K.) on how to conduct oneself as a representative of the United Nations, and  

WHEREAS, U.S. Armed Forces Headquarters and DMZ Outposts (UN Guard Posts) continue to fly the United Nations flag; and

WHEREAS, key incidents and violent hostile encounters began 04 Sep 54 and continued each year with the last incident against U.S. Forces on 17 Dec 94; and

WHEREAS, Korea service continues to face threats through DMZ infiltrations, coastal landings, long and short range missile attacks with nuclear, chemical and biological capabilities; and  

WHEREAS, Korea service has more hostile actions and sustained more casualties than operations where United Nations Service Medals were presented to U.S. Troops (Somalia, Mozambique, Haiti, the Former Yugoslavia, East Timore ); now, therefore  

BE IT RESOLVED, by the Korea Defense Veterans of America, that we petition the U.S. JCS to request the United Nations to offer an extension of award of the United Nations Korean Medal for service in the Republic of Korea from 28 July 1954 to a date when U.S. Armed Forces no longer operate under the UN Command, and this petition further requests the United Nations to honor this request from the JCS to extend the eligibility for this award.

RESOLUTION 003 AMENDED AND APPROVED
ACCEPT AND AUTHORIZE THE ROK SERVICE MEDAL

BE IT RESOLVED, because the more than half century deployment to Korea is a unique circumstance, and because the Republic of Korea Service Medal was respectfully and specifically created to honor U.S. Forces as an act of appreciation for a job well done, we petition the United States Joint Chiefs of Staff to waive the regulation stating acceptance of a foreign medal for U.S. Armed Forces cannot be accepted unless this medal is also awarded to the military forces of their own nation; and

WHEREAS, Congress granted its consent generically in Public Law 95-101 (Section 7 of Title 5, United States Code), when it said medals and decorations can be accepted subject to certain conditions and restrictions.  In the case of the Armed Forces, the law is implemented in Department of Defense Directive 1005.13 first issued on June 7, 1983 and states that decorations and medals offered to members of the Armed Forces must be one that is also conferred by the foreign government on its own armed forces; and

WHEREAS, these conditions and restrictions from this directive were implemented nine years after non acceptance of the 1972 R.O.K. medal therefore the regulation does/did not apply at the time of non acceptance; and

WHEREAS, there is precedent by the JCS for waiver or dispensation of regulations to authorize medals, i.e., Korea (ROKPUC awarded for continuous daily service to every 7th Infantry Division member from 17 September 1950 to 27 March 1971), Bosnia (AFSM and AFEM awarded for same operation), Sinai (Foreign medal authorized without U.S. medal authorized), Korea (KDSM and AFEM awarded for same time period/same operation); and

BE IT ALSO RESOLVED, we petition the JCS to support the KDVA request on behalf of all veterans that have received the KDSM and AFEM for service in the ROK that the R.O.K. Ministry of Defense re offer the R.O.K. Service Medal offered between 1972-1974 to U.S. Military Forces serving in the R.O.K. from 28 July 1954; and

WHEREAS, Congress and the Defense Department of The United States have authorized the Korea Defense Service Medal to all who served in defense of the R.O.K. since 28 July 1954; and

WHEREAS, this service meets the requirements for a foreign campaign medal (KDSM) as part of the long extended Cease-fire’s post-Conflict phase, and 1954 R.O.K./U.S. Treaty Commitment (AFEM), where members have performed duty in the same manner as during the 27 July 1953 to 27 July 1954 period when U.S. and foreign service medals were authorized; and

WHEREAS, United States Armed Forces are in a region still technically at a state of war  and are members of the U.S. led UN Command (ongoing from 1950) supporting the unchanged UN Security Council Resolution of 1950 and 1954 R.O.K./U.S. Treaty Commitment; and

WHEREAS, United States Armed Forces in Korea are a deterrent to renewed hostilities endangering R.O.K. and American lives and interests including U.S. business’ and other entities which are well established in South Korea and Japan; and

WHEREAS, key incidents and violent hostile encounters began 04 September 1954 and continued each year with the last recorded incident against U.S. Forces on 17 December 1994; and

WHEREAS, there have been more than 40,000 deliberate and aggressive breeches of the cease-fire agreement causing American loss of life, wounds, threats, intimidation, harassment and deception by North Korean Forces involving ground ambushes, aerial shoot-downs and naval actions which are meant to force UN and U.S. support to desist; and

WHEREAS, hostile actions and sustained casualties in Korea are greater than for operations in Somalia, Haiti, the Balkans or Desert Storm where U.S. and foreign medals were authorized; now, therefore

RESOLUTION 006 AMENDED AND APPROVED
RETROACTIVE EXTENSION OF NATIONAL DEFENSE SERVICE MEDAL TO 01 NOVEMBER 1955

BE IT RESOLVED, that the Korea Defense Veterans of America petition for retroactive extension of eligibility for the National Defense Service Medal to 01 November 1955; and

WHEREAS, the United States Defense Department officially set 01 November 1955 as the earliest official qualifying date for inclusion as a War casualty on the Vietnam Veterans Memorial (THE WALL); and

WHEREAS, the first U.S. military advisors, Military Assistance Advisory Group (MAAG), were sent to Vietnam 12 February 1955 and MAAG was officially established 01 November 1955; and

WHEREAS, the first official casualty of the Vietnam War (inclusion in the official War casualty count), USAF Tech. Sgt. Richard B. Fitzgibbon, died 8 June 1956, has been memorialized on the Vietnam Veterans Memorial, as were subsequent military personnel between 8 June 1956 and 01 January 1961 (second authorization date for the National Defense Service Medal) without the same honor, dignity, and prestige of this medal as other casualties after 01 January 1961; and 

WHEREAS, the National Defense Service Medal was designed and authorized for service in defense of the United States and its national interests around the world during the Korean War (27 June 1950 - 27 July 1954), during the Vietnam era (01 January 1961 - 14 August 1974), Operations Desert Shield and Desert Storm (02 August 1990 – 30 November 1995) and the Global War on Terrorism (11 September 2001 – Open); and

WHEREAS, United States Armed Forces have been members of continuous military operations to provide a deterrent to hostilities endangering American lives and interests including U.S. business’ and other entities which were/are well rooted in Vietnam, South Korea, Japan and other Pacific Rim areas since 28 July 1954; and

WHEREAS, no U.S. Armed Forces member killed on foreign soil in the service of his/her nation and officially listed as a War casualty should never be buried without being decorated with the National Defense Service Medal; now, therefore 

RESOLUTION 012 APPROVED
AWARD NATIONAL DEFENSE SERVICE MEDAL AUTOMATICALLY
WHEN A CAMPAIGN/SERVICE MEDAL IS AUTHORIZED

BE IT RESOLVED, that the Korea Defense Veterans of America petition for a revision of the National Defense Service Medal (NDSM) regulations to remove time bound requirements and replace them with an automatic award when a campaign/service medal is awarded; and

WHEREAS, the U.S. military is an all volunteer military whose sole purpose is the defense of the continental United States, non continental states, its territories, and its citizens and interests around the world; and

WHEREAS, it is U.S. policy that threats or attacks on us citizens anywhere constitutes an attack on our nation; and

WHEREAS, operations of rescue and intervention have been conducted by U.S. armed forces on behalf of its citizens at various locations and times since the creation of the NDSM without the award of the NDSM, i.e.,

Lebanon 1958,
Taiwan Straights 1958-1959,
Cambodia Evacuation 1975,
Vietnam Evacuation 1975,
Mayaguez Rescue 1975,
Lebanon 1983-1987,
Grenada 1983,
Libya 1986,
Persian Gulf (Earnest Will) 1987-1990,
Panama (Just Cause) 1989-1990,
Iraq 1997-1998,
Kosovo Campaign 1999,
OTHER OPERATIONS (Partial award); and

WHEREAS, the NDSM was automatically awarded with campaign/service medals when U.S. Armed Forces were committed to military missions without a declaration of war and without any direct threat to the continental U.S., non continental states, or U.S. Territories (Gulf War - Southwest Asia Service Medal, Vietnam War - Vietnam Service Medal, and Korean War - Korean Service Medals); and

WHEREAS, the purpose for the award is confusing and application is inconsistent; now, therefore

RESOLUTION 021 AMENDED AND APPROVED
AWARD THE ARMY COMBAT ACTION BADGE RETROACTIVELY

BE IT RESOLVED, we petition the Department of the Army to retroactively change eligibility regulations for award of the Combat Action Badge to the date of eligibility for the Combat Infantry and Combat Medical Badges; and 

WHEREAS, it is an individual recognition for non-infantry personnel that have engaged in direct hostile action with enemy forces and equity of individual combat awards does not currently exist for active Army personnel and Army veterans meeting the criteria for this award because the eligibility date for this award is not equal and consistent with the CIB/CMB for infantry and medical personnel; and

WHEREAS, Army eligibility for the CAB is not consistent with Navy/Marine eligibility for the CAR for the identical same types of actions; and

WHEREAS,  Under Public Law 106-65, Navy and Marine Corps veterans who served in combat in or after World War II are now eligible retroactively to receive the Combat Action Ribbon (CAR). Veterans must have participated in ground or surface combat after Dec. 6, 1941, but before March 1, 1961, and cannot already have been recognized for the same participation; and

WHEREAS, veterans of WW II, Korea, Korea Defense service, Vietnam, Persian Gulf and all operations in between these wars, and operations after them but prior to 11 September 2001, who would be eligible for the CAB in their respective situations are not less deserving or entitled than post 11 September 2001 veterans; now, therefore,

BE IT RESOLVED, by the Korea Defense Veterans of America, that we petition the Department of the Army to retroactively award the Combat Action Badge to every veteran that applies with required proof of personal presence and active engagement, or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement, with eligibility date to 07 December 1941.

RESOLUTION 024 AMENDED AND APPROVED
AWARD THE PURPLE HEART MEDAL TO EVERY MEMBER OF THE ARMED FORCES
KILLED OR WOUNDED BY HOSTILE FORCES WITHOUT RESTRICTIONS

BE IT RESOLVED, the Korea Defense Veterans of America petition for retroactive award of the Purple Heart Medal to members of the U.S. Armed Forces that died or were wounded as the result of hostile incidents by enemy forces wherever and whenever these incidents occurred from the end of World War II to the present; and

BE IT KNOWN, the Purple Heart Medal and other Combat awards have already been awarded retroactively, and they have been awarded under special dispensation; and

BE IT ALSO KNOWN, members of the Armed Forces have been killed and wounded in Korea and Europe and other regions by Armed Forces of hostile nations and by terrorists groups without the recognition and award of the Purple Heart or other combat awards; and

WHEREAS, loyal members of the armed services dutifully deploy anywhere and anytime under any and all circumstances at the determination of the Department of Defense to protect our national interests or the interests of other sovereign nations; and

WHEREAS, combat occurs anywhere and anytime a defined or undefined enemy, terrorist group or renegade force chooses to kill you; and

WHEREAS, a. the Purple Heart Medal is awarded in the name of the President of the United States to any member of an Armed Force who, while serving with the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded:
(1) In any action against an enemy of the United States;
(2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged;
(3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
(4) As a result of an act of any such enemy of opposing armed forces;
(5) As the result of an act of any hostile foreign force;
(6) After 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the department concerned, or jointly by the Secretaries of the departments concerned if persons from more than one department are wounded in the attack;
(7) After 28 March 1973, as a result of military operations, while serving outside the territory of the United States as part of a peacekeeping force;
(8) After 7 December 1941, by weapon fire while directly engaged in armed conflict, regardless of the fire causing the wound;
(9) While held as a prisoner of war or while being taken captive, and
b. a wound for which the award is made must have required treatment by a medical officer; and

WHEREAS, Army Regulations 600-8-2, dated 25 Feb 95, state that examples of enemy-related injuries which justify award of Purple Heart are: 1. Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action, 2. Injury caused by enemy placed mine or trap, 3. Injury caused by enemy released chemical, biological, or nuclear agent, 4. Injury caused by vehicle or aircraft accident resulting from enemy fire, 5. Concussion injuries caused as a result of enemy generated explosions; and

WHEREAS, award of the Purple Heart without a formal declaration of war under certain circumstances is authorized (Executive Order 11016); and

WHEREAS, the Purple Heart Medal is authorized for wounds received as a result of "friendly fire" (Public Law 99-145); and

WHEREAS, eligibility is expanded authorizing award of the Purple Heart to a former prisoner of war who was wounded before 25 April 1962 (Public Law 104-106); and

BE IT RESOLVED, by the Korea Defense Veterans of America, that we petition for unrestricted and retroactive award of the Purple Heart Medal to any member of the armed services killed or wounded as a result of an act as noted above.

RESOLUTION NO. 46 APPROVED
AUTHORIZE EXEMPTION FOR THE R.O.K. PRESIDENTIAL UNIT CITATIONS PREVIOUSLY AWARDED TO ARMY 2ND INFANTRY DIVISION UNITS (KOREA 1965 – TBD)

BE IT RESOLVED, we petition the Joint Chiefs of Staff to grant a special dispensation, or make exemption, and authorize the Republic of Korea Presidential Unit Citation for permanent wear and inclusion in the permanent military records of members of the units of the 2nd Infantry Division that were previously awarded this unit citation by the Republic of Korea; and

WHEREAS,  the 2nd Infantry Division stands in defense of the Republic of Korea upholding the 1953 Armistice Agreement and the 1954 Mutual Assistance Treaty Agreement between the Republic of Korea and the United States as did the 7th Infantry Division; and

WHEREAS, Army Institute of Heraldry ROKPUC web description, 10 August 2006 (http://www.tioh.hqda.pentagon.mil/Awards/REPUBLIC%20OF%20KOREA1.html):  2. Criteria: The Republic of Korea Presidential Unit Citation is awarded by the Korean government. Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  3. Background: a. The Republic of Korea Presidential Unit Citation emblem is authorized for permanent wear by personnel assigned to the organization during the period cited.  Other personnel may wear this decoration while serving with an organization, stationed in the Republic of Korea, to indicate the unit has been awarded the Republic of Korea Presidential Unit Citation; and

WHEREAS, a special and unusual dispensation for acceptance and permanent wear of the R.O.K. Presidential Unit Citation has been previously granted to the 7th Infantry Division from 17 September 1950 to 27 March 1971, and additional exceptions to individual units assigned to the 7th Infantry Division (17th Infantry Regiment (1953-1971) and 73rd Tank Battalion (1953-1957)); and

WHEREAS, the 2nd Infantry Division served during the Korean War (23 July 1950 to 20 August 1954) and peace time (01 July 1965 to the present) and has also contributed to safeguarding the Republic of Korea and participated in bitter battles including the Naktong, Kuna-ri, Wonju, Chip-yong-ni, Bloody Ridge, Heartbreak Ridge, they led the Eighth Army drive to the Manchurian border; participated in all 10 campaigns of the war; sustained 25,093 casualties and 338 more dying of wounds; 18 Medals of Honor, served 40 years and 7 months continuous Korea service since the cease-fire; and
  
WHEREAS, units of the 2nd Infantry Division were awarded the Republic of Korea Presidential Unit Citation on 3 occasions during peace time service 1965 to 18 Aug. 1982, 19 Aug. 1982 to 19 Dec. 1995, and 20 Dec. 1995 to 29 Dec. 1999 showing military competence and comradeship to the Korean nation which is in keeping with the highest military traditions of the United States Army; and  

WHEREAS, acceptance of these awards by the Joint Chiefs of Staff and authorization to wear the decoration for 2nd Division members is of a temporary nature and needs changing by dispensation and exception as was accorded the 7th Infantry Division.  Currently the decoration can only be worn by members of the cited units while assigned to the Division and only while in the Republic of Korea.  The decorations should be placed in the permanent military records of these members; and  

WHEREAS, there is sufficient evidence that the 2nd Infantry Division service record in the Republic of Korea during war and peace time merits equal treatment regarding this unit decoration, now, therefore,

AS RESOLVED, the Korea Defense Veterans of America respectfully requests the Joint Chiefs of Staff to provide the necessary dispensation or exception and authorize the Republic of Korea Presidential Unit Citation for permanent wear, and inclusion in the permanent records, for members in place at the time the Republic of Korea made the unit awards.