RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20040009420


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Baker                |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show Korean War
service.

2.  The applicant states that his DD Form 214 does not show any
“commendations or campaign ribbons, etc.”

3.  The applicant provides copies of his DD Form 214 and a letter to the
Department of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 8 January 1960.  The application submitted in this case is
dated 30 August 2004 and was received by the Board on 2 November 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 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 personnel records show that he enlisted in the
Regular Army on 16 December 1949 and completed training in Military
Occupational Specialty 112.10 (Heavy Weapons Infantryman).  The applicant
served at Fort Ord and Camp Stoneman, California prior to deploying to
Korea.  While in Korea, the applicant served in the 96th Engineer Base
Depot Company from 27 May to 2 August 1950, the 511th Quartermaster Service
Company from 11 August 1950 to 18 February 1951, and Company M, 38th
Infantry Regiment, 2d Infantry Division.

4.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA
Form 24 (Service Record) shows that he received the following awards: the
Combat Infantryman Badge; the Korean Service Medal with six bronze service
stars; the Republic of Korea Presidential Unit Citation; and, the United
Nations Service Medal.

5.  Army Regulation 600-8-22 (Military Awards), 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.  The regulation also provides that a silver service star will be
worn instead of five bronze service stars.

6.  Section 29 (Foreign Service) of the applicant’s DA Form 20 (Enlisted
Qualification Record) shows that he served in Korea from 10 May 1950 to
21 October 1951.  Item 24c (Foreign and/or Sea Service) of his DD Form 214
shows 0 years, 0 months, and 0 days.

7.  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.

8.  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.  This document shows the unit to which the
applicant was assigned, was cited for award of the Presidential Unit
Citation (known as the Distinguished Unit Citation until 3 November 1966)
for the period 16 to 22 May 1951 by Department of the Army General Orders
Number 72, dated 1951.

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 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.

10.  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
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.  Evidence of record shows that the applicant was awarded the Combat
Infantryman Badge.  Therefore, he is entitled to correction of his records
to show this combat badge.

2.  Evidence of record shows that the applicant was awarded the Korean
Service Medal with six bronze service stars.  Therefore, he is entitled to
correction of his records to show this service medal.  In addition, his
records should be corrected to show award of one silver and one bronze
service star, to be affixed to the Korean Service Medal.

3.  Evidence of record shows that the applicant was awarded the Republic of
Korea Presidential Unit Citation.  Therefore, he is entitled to correction
of his records to show this foreign unit award.

4.  Evidence of record shows that the applicant was awarded the United
Nations Service Medal.  Therefore, he is entitled to correction of his
records to show this foreign service award.

5.  The applicant’s records show that he is entitled to the National
Defense Service Medal.  Therefore he is entitled to correction of his
records to show this service medal.

6.  General Orders show that the applicant is entitled to the Presidential
Unit Citation.  Therefore, he is entitled to correction of his records to
show this unit award.

7.  Evidence of record shows that the applicant served a total of 1 year,
5 months, and 12 days in Korea.  Therefore, he is entitled to correction of
Item 24c of his DD Form 214 to show this amount of foreign service.

BOARD VOTE:

__mkp___  ___reb__  ____lmb__  GRANT 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:

      a. showing award of the Combat Infantryman Badge;

      b. showing award of the Korean Service Medal with one silver and one
bronze service star;

      c. showing award of the Republic of Korea Presidential Unit Citation;

      d. showing award of the United Nations Service Medal;

      e. showing award of the National Defense Service Medal;

      f. showing award of the Presidential Unit Citation; and,

      g. correcting Item 24c of the individual’s DD Form 214 to show 1
year, 5 months, and 12 days of foreign service.





            ________Margaret K. Patterson________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009420                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040825                                |
|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.                      |                                        |


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