RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 January 2004
      DOCKET NUMBER:   AR2003088435


      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. G. E. Vandenberg              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.   The  applicant  requests,  in  effect,  that  his  award  of  the  Army
Commendation Medal be added to his discharge document.

2.  The applicant states that in March of 2003, when he requested a reissue
of his awards, he learned that the Commendation Ribbon had been omitted
from his DD Form 214 (Report of Separation).

3.  The applicant provides a copy of the Commendation Ribbon with Metal
Pendant award certificate dated 21 November 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 14 January 1954.  The application submitted in this case is
dated 11 March 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

4.  The applicant served on active duty from 28 February 1952 through 24
June 1954.  His service included 1 year, 1 month, and 28 days in Korea with
Company G, 179th Infantry Regiment.

5.  A copy of a 21 November 1953 Department of the Army (DA) Certificate
shows the applicant was awarded the Commendation Ribbon with Metal Pendent
for meritorious service in Korea from 15 April to 31 August 1953.

6.  The applicant’s DD Form 214 shows his awards as the Korean Service
Medal with two bronze service stars, the National Defense Service Medal,
the United Nations Service Medal, and the Combat Infantryman Badge.

7.  The Commendation Ribbon with Metal Pendant was established on 5
November 1945, to recognize service members who distinguished him or
herself by heroism, meritorious achievement or service for which the Bronze
Star Medal was not warranted.  DA General Order No. 10, dated 31 March
1960, renamed the Commendation Ribbon with Metal Pendant to the Army
Commendation Medal.

8.  DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit
Register shows the Company G, 179th Infantry Regiment is credited with
participation in two campaigns and was authorized the Republic of Korea
Presidential Unit Citation.  The Republic of Korea Presidential Unit
Citation is a foreign award that was issued by the Republic of Korea.

9.  Army Regulation 600-8-22 provides that foreign decorations and badges
may be authorized by authorized approval authorities for wear by U.S.
military personnel.  Foreign qualification and special skill badges may be
accepted if awarded in recognition of the criteria as established by the
foreign government concerned.  Only those badges that are awarded in
recognition of military activities and by the military department of the
host country are authorized for acceptance and permanent wear.

10.  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 heroic 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.  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
provided.  Once the Department of the Air Force has authorized the Korean
War Service Medal, the applicant may apply to the Army Board For Correction
of Military Records to have it added to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has documented that he was awarded the Army Commendation
Medal.

2.  Additionally, the applicant is entitled to award of the Republic of
Korea Presidential Unit Citation.

3.  Therefore, it is appropriate to excuse his failure to timely file and
to correct his records adding the Army Commendation Medal and the Republic
of Korea Presidential Unit Citation to his discharge document.


BOARD VOTE:

__AAO__  __LE  ___  __YM___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 showing he was awarded the Army
Commendation Medal and the Republic of Korea Presidential Unit Citation.




            _   Arthur A. Omartian_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003088435                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040127                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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