RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20040011275


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 a Report of Separation from the
Armed Forces of the United States (DD Form 214) be created documenting his
service for the period 28 August 1950 to 28 May 1953, and that he be
awarded the Korean Service Medal (KSM).

2.  The applicant states, in effect, he would like to be issued a DD Form
214 that documents his service for the period 28 August 1950 through 28 May
1953, and that includes the Purple Heart (PH) and KSM.

3.  The applicant provides the following documents in support of his
application:  Neshoba County Veterans Service Center Letter, dated 7
December 2004; Certification of Military Service (NA Form 13038), dated
10 March 2003; and Record of Award of Decoration (AGO Form 0708).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 18 May 1955.  The application submitted in this case is dated 7 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 military record shows that the applicant initially enlisted into
the Regular Army (RA) and entered active duty on 11 January 1949.  He was
trained in, awarded and served in military occupational specialty (MOS)
0256 (Combination Welder).  He served on active duty until 27 April 1950,
at which time he was honorably separated, in the rank of private (PVT).
The DD Form 214 he was issued for this period of active duty service shows
he completed a total of 1 year, 3 months and 17 days of active military
service and earned the Army of Occupation Medal with Japan Clasp during
this period of active duty service.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains an
Enlistment Contract (DD Form 4), which confirms he reenlisted in the
Regular Army (RA) on 28 August 1950, for a period of three years.
5.  The applicant’s Service Record (WD AGO Form 24A) shows he served in the
Republic of Korea (ROK) from 15 November 1950 to 21 December 1951, and that
he participated in CCF Intervention, First United Nations Counter
Offensive, and CCF Spring Offensive campaigns.  It also shows that during
his tenure of assignment in the ROK, he served in the following units for
the periods indicated: Company (Co) B, 765th Transportation Railway Shop
Battalion (TRSB) from
18 November 1950 through 28 January 1951; Headquarters (Hqs) Co, United
Nations Reception Center (UNRC), 8212th Aviation (Avn) from 29 January
through 24 February 1951; and Co F, 23rd Infantry (Inf) Regiment (Rgmt)
from 25 February through 21 November 1951.

6.  Section 12 (Appointments, Promotions, or Reductions) of the Service
Record shows the applicant was promoted to the temporary rank of sergeant
(SGT) on 16 October 1951, and that he held this grade until he was reduced
to the temporary grade of corporal on 15 January 1954.  Section 21 (Medals,
Decorations and Citations) shows he earned the following awards during the
period 12 March through 15 December 1951:  Combat Infantryman Badge (CIB),
KSM with 3 bronze service stars, Distinguished Unit Citation, and PH.

7.  The MPRJ also contains an AGO Form 0708 that shows he was awarded the
PH in 23rd Infantry Regiment General Orders Number 4, dated 27 January
1952, for wounds he received in Korea on 17 September 1951.  It also
contains a
DD Form 4, dated 29 May 1953, which confirms the applicant completed a
prior enlistment and served on active duty from 28 August 1950 through 28
May 1953, at which time he was honorably discharged for the purpose of
immediate reenlistment.  The MPRJ contains no DD Form 214 for this period
of prior active duty service.

8.  The applicant immediately reenlisted on 29 May 1953, and continued to
serve on active duty until he was honorably released from active duty
(REFRAD) on
18 May 1955.  The DD Form 214 issued to him at this time shows he completed
1 year, 11 months and 28 days during the current period, and a total of 5
years, 11 months, and 25 days of active military service.  It also shows he
earned the National Defense Service Medal during this period of service.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that were prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214 and it states, in pertinent part, that upon satisfactory proof of a
loss or destroyed separation document, The Adjutant General will issue a
replacement.
10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 9-12 contains guidance on the United Nations Service
Medal (UNSM).  It states, in pertinent part, that members who were
dispatched to Korea or adjacent areas for service on behalf of the United
Nations in the action in Korea are eligible for the award.  It further
specifies that personnel awarded the KSM automatically establish
eligibility for the UNSM.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in WWII and Korea.  It shows that during the applicant’s tenure in
the ROK, the following units to which he was assigned earned the following
unit awards:  Co B, 765th TRSB was awarded the Republic of Korea
Presidential Unit Citation; Hqs Co, UNRC, 8212th Avn was awarded the
Meritorious Unit Commendation and Co F, 23rd Inf Rgmt was credited with
participating in the UN Summer-Fall Offensive campaign, which is not
included in the list of campaigns shown on the applicant's WD AGO Form 24A.

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 service award to eligible US veterans
of the Korean War, or their surviving next of kin.  Responsibility for the
distribution of the Korean War Service Medal was assigned to the Department
of the Air Force.  In order to apply, the applicant should submit a copy of
his 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.  Once the Korean War Service Medal has been
authorized by the Department of the Air Force, the applicant may apply to
this Board to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be issued a separation
document for the active duty service he performed during the period 28
August 1950 through 28 May 1953, which includes the PH and KSM has been
carefully considered and found to have merit.

2.  By regulation, The Adjutant General will issue a replacement DD Form
214 upon receiving satisfactory proof of a loss or destroyed separation
document.
3.  The applicant’s MPRJ contains a DD Form 214 that covers his initial and
last periods of active duty service.  However, the MPRJ does not include a
DD Form 214 documenting his active duty service from 28 August 1950 to
28 May 1953.  The MPRJ contains a DD Form 4 that confirms the applicant
enlisted in the RA for 3 years on 28 August 1950, and another DD Form 4
that confirms he was honorably discharged for the purpose of immediate
reenlistment on 29 May 1953.  Since separation documents were authorized to
be issued at the end of each enlistment at the time, and the applicant’s
record contains no DD Form 214 for the period of service in question, it is
reasonable to assume that this separation document was either never issued,
or it was lost or misplaced.

4.  In view of the facts of this case, it would be appropriate to use the
applicant’s WD AGO Form 24A and the documents on file in his MPRJ to
prepare a replacement DD Form 214 documenting his active duty service from
28 August 1950 to 28 May 1953.  Further, the record confirms the applicant
earned the PH and KSM during this period of active duty service.  As a
result, it would also be appropriate to ensure these awards are included in
the list of awards contained on the replacement DD Form 214.

5.  The evidence of record also shows that based on his service and
campaign participation in the ROK, he is entitled to the CIB, UNSM, MUC,
DUC, ROK Presidential Unit Citation and 4 bronze service stars with his
KSM.  Thus, it would also be appropriate to ensure these awards are
included on his replacement DD Form 214.

BOARD VOTE:

___SLP_  __RLD___  __JRM__  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 issuing a DD Form 214 documenting his
active duty service from 28 August 1950 to 28 May 1953, and by included the
Purple Heart, Combat Infantryman Badge, United Nations Service Medal,
Korean Service Medal with 4 bronze service stars, Meritorious Unit
Commendation, Distinguished Unit Citation, and Republic of Korea
Presidential Unit Citation in  Item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
replacement separation document.




            ____Shirley L. Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011275                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1955/05/18                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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