RECORD OF PROCEEDINGS


      IN THE CASE OF:     .


      BOARD DATE:           29 February 2004
      DOCKET NUMBER:   AR2003091092


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Mae M. Bullock                |     |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 information regarding a “bonus for Korean War
vets.”  He also requests correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
following awards: the Korean War Service Medal; the United Nations Service
Medal; the National Defense Service Medal; and, the Presidential Unit
Citation.

2.  The applicant states, in effect, that he recently read an article in
the American Legion Magazine regarding bonuses paid to veterans of the
Korean War.  He asks if these veterans were award bonuses and, if so, why
didn’t he receive a check for his service during the war?  Lastly, the
applicant desires an updated DD Form 214.

3.  The applicant provides a copies of: the article he read in the American
Legion Magazine; his DD Form 214; and, various correspondence between the
applicant and representatives of the National Personnel Records Center and
the Defense and Accounting Service, Denver, Colorado.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 3 June
1952.  The application submitted in this case is dated 4 April 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.  Records available
to the Board were obtained from alternate sources and consist solely of the
applicant’s DD Form 214.

4.  The available records show that the applicant enlisted in the Army on 4
June 1946.  He completed training as a Medical Technician and later as a
Cook.  The applicant was assigned to duties in both the European Theater of
Operations and Korea, serving a total of 5 years, 6 days in overseas
assignments.  The applicant was honorably discharged on 3 June 1952 in the
rank of Sergeant.  Item 27 (Decorations, Medals, Badges, Commendations,
Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
shows that he is entitled to the following awards: the Army Good Conduct
Medal; the Korean “Campaign” Medal with four bronze service stars and
arrowhead; the “Occupation Medal of Japan and Germany;” the World War II
Victory Medal; and, the Parachutist Badge.

5.  Defense Finance and Accounting Service letter to the applicant, dated
23 October 2002, addresses the applicant’s claim for combat pay for his
service in Korea.  The letter invokes the Barring Act of 1940 and advises
the applicant that his claim is barred since more than 6 years passed after
the date it first accrued.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  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.

8.  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, 2 August 1990 through 30 November 1995 and 11 September 2001
to a date to be determined.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Korean War.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has previously filed a claim with Defense Finance and
Accounting Service, requesting payment of combat pay for service during the
Korean War.  The claim was denied due to the provisions of the Barring Act
of 1940.  Therefore, the applicant is not entitled to correction of his
records to show payment of combat pay, or any other combat-related “bonus
pay” for his service during the Korean War if he was, in fact, eligible for
such pay.

2.  The applicant’s DD Form 214 shows award of the Korean “Campaign” Medal
with four bronze service stars and arrowhead.  It is evident that this is a
typographical error and that the entry should have shown award of the
Korean Service Medal with four bronze service stars and bronze arrowhead.
Therefore, the applicant is entitled to correction of his records to show
this service medal with appurtenances.

3.  Since award of the Korean Service Medal automatically establishes
eligibility for award of the United Nations Service Medal, the applicant is
entitled to correction of his records to show this award.

4.  Evidence of record shows that the applicant served on active duty
between 27 June 1950 and 27 July 1954.  Therefore, he is entitled to award
of the National Defense Service Medal and correction of his records to show
this award.

5.  There is insufficient evidence to show what unit, and during what
period, the applicant was assigned to during the Korean War.  As such,
there is no way to validate that the unit to which the applicant was
assigned, was awarded the Presidential Unit Citation while the applicant
was assigned to the unit.  Therefore, he is not entitled to correction of
his records to show this unit award.

BOARD VOTE:

___aao__  ____jtm _  ___mmb_  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing that the
individual was awarded:

      a. the Korean Service Medal with four bronze service stars and bronze
arrowhead to replace the Korean Campaign Medal with four bronze service
stars and arrowhead;


      b. the United Nations Service Medal; and,


      c. the National Defense Service Medal.

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:

      a. Combat or “bonus” pay for duty during the Korean War; and,


      b. award of the Presidential Unit Citation.





            _________Arthur A. Omartian________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091092                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040226                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |