RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 June 2005
      DOCKET NUMBER:  AR20040007993


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      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 Special Certificate of
Valor be added to his DD Form 214 (Report of Separation from the Armed
Forces of the United States).

2.  The applicant makes no additional statement.

3.  The applicant provides a Special Certificate of Valor and his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    5 June 1952.  The application submitted in this case is
dated 10 August 2004.

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 limitations 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 enlisted in the Regular Army on 6 January 1949.  He
arrived in Korea around 2 July 1950.

4.  The applicant provides a Special Certificate of Valor awarded to him as
a member of Task Force Smith for operations near Osan, Korea during July
1950.

5.  The applicant was slightly wounded in action on 6 February 1951,
hospitalized on 7 February 1951, and assigned to the Medical Holding
Detachment, Hot Springs, AR on 1 April 1951.  He had participated in four
campaigns.

6.  The applicant was separated on 5 June 1952.  Item 27 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 shows he was awarded the Army of Occupation
Medal, the Combat Infantryman Badge, the Purple Heart, and the Republic of
Korea Presidential Unit Citation.  His DD Form 214 was later amended to add
the Bronze Star Medal.

7.  Army Regulation 615-360-1 (Discharge Procedures and Preparation of
Separation Forms), version in effect at the time, stated that decorations
or citations and authority for each would be entered in item 27 of the DD
Form 214. Authorities for service medals need not have been entered.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, it states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and 27 July 1954.

9.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, it 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.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal, including the Korean
Service Medal.

11.  Army Regulation 600-8-2 provides for award of the National Defense
Service Medal for honorable active service for any period between 27 June
1950 and    27 July 1954, both dates inclusive, between 1 January 1961 and
24 August 1974, both dates inclusive, between 2 August 1990 and 30 November
1995, both dates inclusive, and between 11 September 2001 to a date to be
determined.

12.  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.  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 of all services.  To
apply, veterans must provide a copy of their discharge paper to the Awards
and Decorations Section, Headquarters, Air Force Personnel Center, 550 C
Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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 regulation in effect at the time did not provide for the listing of
certificates of any kind of award on the DD Form 214.  Therefore, there is
no error on his DD Form 214 and no basis for granting the relief requested.

2.  The applicant met the eligibility criteria for award of the Korean
Service Medal with four bronze service stars, the United Nations Service
Medal, and the National Defense Service Medal.  These awards should be
added to his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 June 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 June 1955.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jns___  __huf___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to amend his DD Form 214 to add the Korean Service
Medal with four bronze service stars, the United Nations Service Medal, and
the National Defense Service Medal.




            __John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007993                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050615                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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