RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 16 MARCH 2004
         DOCKET NUMBER: AR2003092760


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Mr. Richard T. Dundar		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his records be corrected to reflect award of the Bronze Star Medal and three awards of the Army Good Conduct Medal. He also maintains that his Korean Service Medal should indicate participation in two designated campaign periods for service in Korea.

2. The applicant states, in effect, that he initially entered active duty for 3 years in 1948 and reenlisted for an additional 3 years. After being discharged in 1954 he enlisted in the United States Army Reserve for an additional 3-year period.

3. He states he was awarded the Bronze Star Medal in a battalion ceremony while in Korea, but the award is not reflected on his separation document. He states that the original Bronze Star Medal citation has the seal of the 3^rd Infantry Division.

4. The applicant provides a copy of an unsigned, undated “citation” for the Bronze Star Medal in support of his request, along with copies of his separation documents and his 1957 discharge certificate from the United States Army Reserve.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
20 December 1954. The application submitted in this case is dated 21 June 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4. The applicant’s separation documents indicate that he initially entered active duty on 21 December 1948 and that he was discharged for the purpose of immediate reenlistment on 20 December 1951. His 1951 separation document indicates no lost time, that he was serving in the temporary grade of sergeant, and that he was assigned to Fort Kobbe, Canal Zone at the time of his discharge for the purpose of reenlistment. There is no indication that he was awarded an Army Good Conduct Medal for his initial 3-year period of active Federal service.

5. The applicant’s second separation document indicates that he was honorably discharged in the temporary grade of master sergeant on 20 December 1954. That separation document does indicate that the applicant had been awarded the Army Good Conduct Medal, the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.

6. The applicant’s 1957 discharge certificate indicates that he enlisted in the United States Army Reserve on 8 March 1955 and was honorably discharged on 28 August 1957.

7. Army Regulation 600-8-22 states that the Army Good Conduct Medal was established in June 1941 and awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each soldier who distinguishes himself or herself from among his or her fellow soldiers by the exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. That period is generally for each 3 years of completed active Federal military service on or after 27 August 1940. The period can be shortened under specific provisions when it involves an initial award.

8. The “citation” submitted by the applicant in support of his contention that he was awarded the Bronze Star Medal is neither signed, nor dated. It does not contain any official seal. The citation indicates that the applicant was being awarded the Bronze Star Medal for meritorious service during the period 1 March 1953 to 9 September 1953 while performing duties as the “Personnel Sergeant Major and later as S-1 Sergeant Major.” There are no orders or certificate confirming the award.

9. 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 Korean 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 award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans.

10. The Department of Defense has 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 provide 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. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. The evidence does indicate that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal between 21 December 1948 to 20 December 1951. His discharge was characterized as honorable and he was serving in the temporary grade of sergeant at the time. There is no indication on his separation document that he had any incidents which would have served to disqualify him from an award of the Army Good Conduct Medal and his discharge for the purpose of reenlistment is an indicator that he was likely meeting the basic requirements for the award. As such, in the interest of justice and equity, it would be appropriate to award the applicant the Army Good Conduct Medal for his initial term of military service.

2. As a result of awarding him the Army Good Conduct Medal for his initial term of service, his subsequent award would, in actuality become the second award.

3. The applicant’s subsequent service as a member of the United States Army Reserve would not have qualified for any additional awards of the Army Good Conduct Medal. In order to qualify for the award the period of service must have been in an active Federal status, not as a member of the United States Army Reserve.

4. Unfortunately, the absence of orders, or confirmation of a more official nature, (i.e. authenticated certificate, official seal, etc.) makes it impractical to confirm the applicant’s award of the Bronze Star Medal at this time.

BOARD VOTE:

__MDM__ __HOF__ __RTD__ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant an Army Good Conduct Medal for the period 21 December 1948 to 20 December 1951, and by showing that his subsequent award of the Army Good Conduct Medal was a second award.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of any additional Army Good Conduct Medals and confirmation of his award of the Bronze Star Medal.





                  ___ Mark D. Manning_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003092760
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040316
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.