RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040008875


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 DD Form 214 (Report of
Separation from the Armed Forces of the United States) be corrected to show
that he is authorized campaign stars for wear on the Korean Service Medal.

2.  The applicant states, in effect, that he was with the 73rd Heavy Tank
Battalion in Korea.

3.  The applicant provides his personal statement and copies of his DD Form
214 and an article from the Veterans of Foreign War (VFW) magazine about
the Korean War.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 June 1952.  The application submitted in this case is dated
29 September 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’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 entered active duty in 1947, reenlisted and served until
21 June 1952 when he was separated with an honorable discharge as a
sergeant first class.  His DD Form 214 lists his authorized awards as the
Good Conduct Medal, the Korean Service Medal and the United Nations (UN)
Service Medal.

5.  Available medical records show he was assigned to the 73rd Heavy Tank
Battalion from 25 March 1948 to December 1951.

6.   Army Pamphlet 672-1 Unit Citation and Campaign Participation Register
shows that the 73 Heavy Tank Battalion participated in all ten of the
designated campaign periods of the Korean War.  The unit was also awarded
the Korean Presidential Unit Citation.

7.  Army Regulation 600-8-22 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.

8.  The regulation also authorizes a bronze service star, based on
qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Korean Service Medal.  The applicant's
assignment to the 73rd Heavy Tank Battalion corresponds with the following
nine campaign periods: UN Defensive, 27 June-15 September 1950; UN
Offensive, 16 September-2 November 1950; Chinese Communist Forces (CCF)
Intervention, 3 November 1950-24 January 1951; First UN Counteroffensive,
25 January-21 April 1951; CCF spring Offensive, 22 April-8 July 1951; UN
Summer-Fall Offensive, 9 July-27 November 1951; Second Korean Winter, 28
November 1951-30 April 1952; Korean Summer-Fall 1952, 1 May--30 November
1952; Third Korean Winter, 1 December 1952-30 April 1953.

9.  Army Human Resources Command Message (Date Time Group 9  February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60   non-consecutive days.

10.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during nine designated campaign periods.  He is
eligible to wear a silver and four bronze service stars on the Korean
Service Medal.

2.  His unit was awarded the Korean Presidential Unit Citation.

3.  He is eligible for award of the Korea Defense Service Medal.

4.  The above awards should be shown an his DD Form 214.

BOARD VOTE:

__LCB __  __WDP__  __JBG__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 that, in addition to the awards currently
listed on his DD Form 214, his authorized awards include one silver and
four bronze service stars for wear on the Korean Service Medal, the Korean
Presidential Unit Citation and the Korean Defense Service Medal.




                            __    William D. Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008875                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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