RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 June 2004
      DOCKET NUMBER:  AR20040011222


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’shaughnessy Jr.   |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 (Report of
Separation from the Armed Forces of the United States) to show awards of
the Purple Heart (1st Oak Leaf Cluster), the Silver Star, the Presidential
Unit Citation, the Combat Infantryman Badge, the National Defense Service
Medal, and the Army Good Conduct Medal.

2.  The applicant states, in effect, that the above awards are not listed
and need to be added to his DD Form 214.

3.  The applicant provides a DD Form 214 for the period ending 16 July
1953; a United States of America, Silver Star Certificate, dated 10 October
2000; a copy of a Silver Star Citation; a Presidential Unit Citation
Certificate; and a letter from the National Personnel Records Center, dated
17 January 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 July 1953.  The application submitted in this case is dated
8 December 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, this
case is being considered using reconstructed records, which primarily
consist of his DD Form 214.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
27 July 1950. He served in Korea for a period of about 1 year and 2 months
and item 28 shows his most significant duty assignment was with B Company,
7th Infantry Regiment.  He was honorably discharged on 16 July 1953 in the
rank of Corporal completing 2 years, 11 months, and 20 days of creditable
active service with no time lost.



5.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign
Ribbons or Authorized) shows he was awarded the Combat Infantryman Badge,
the Korean Service Medal with 1 bronze service star, the United Nations
Service Medal, and the Purple Heart with 1st Oak Leaf Cluster.

6.  The applicant provided a copy of Department of the Army, U.S. Total
Army Personnel Command Permanent Orders 283-02, dated 10 October 2000 that
shows he was awarded the Silver Star for the period 26 and 27 September
1952.

7.  The applicant submitted a Presidential Unit Citation Certificate that
shows 2nd Platoon, B Company, 7th Infantry Regiment was awarded the
Presidential Unit Citation for extraordinary heroism in action against
enemy aggressive forces in Korea during the period 26 and 27 September
1952.

8.  There is no evidence the applicant received the first award of the Good
Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.

10.  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.

11.  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.

12.  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.  The evidence of record shows that the applicant was awarded the Silver
Star for the period 26 and 27 September 1952 and his unit was awarded the
Presidential Unit Citation for extraordinary heroism in action against the
enemy on 26 and 27 September 1952.  The applicant met the eligibility
criteria for award of the National Defense Service Medal.  Therefore, his
DD Form 214 should be amended to add these awards.

2.  Although the applicant's complete records are unavailable, it is noted
that he was promoted to Corporal/E-4 with less than 3 years service without
lost time and was awarded the Silver Star.  Therefore, the Board concludes
he met the eligibility criteria for the first award of the Army Good
Conduct Medal based on completion of qualifying service from 27 July 1950
through 16 July 1953 ending with the termination of a period of Federal
military service.  His DD Form 214 should be amended to add this award.

3.  The applicant's DD Form 214 already showed two awards of the Purple
Heart and the Combat Infantryman Badge.

BOARD VOTE:

_ MMD __  __ TEO _  __YM ___  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:

      a.  awarding him the Army Good Conduct Medal (1st Award) for the
period 27 July 1950 through 16 July 1953; and

      b.  amending his DD Form 214 for the period ending 16 July 1953 to
add awards of the Silver Star, the Presidential Unit Citation, the Army
Good Conduct Medal, and the National Defense Service Medal.




                            __ Ms. Melinda M. Darby __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011222                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]