RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          9 September 2004
      DOCKET NUMBER:  AR2004101565


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |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 the medals and other awards to
which he is entitled for his World War II service and the Presidential Unit
Citation, the United Nations Service Medal, and all other awards to which
he is entitled for his Korean War service, be added to his DD Form 214,
Report of Separation from the Armed Forces of the United States.

2.  The applicant states, in effect, that the awards were omitted from his
DD Form 214 when he was released from active duty.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
Enlisted Record for the period 14 August 1942 through 15 December 1944
(while he served as an Army Air Force Aviation Cadet) in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 17 August 1951.  The application submitted in this case is
dated 17 November 2003.

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 request for awards to which he may be entitled while he
served as an Aviation Cadet in the Army Air Force, is not within the
jurisdiction of the Army Board for the Correction of Military Records.  An
application for correction of military records must be made to the Board
for Correction of Air Force Records in accordance with the 11 October 1957
Memorandum of Agreement between the Air Force and Army.  The applicant has
been notified of this requirement by separate correspondence.  Therefore,
consideration of his request for awards that he is entitled to, for his
service during World War II, will not be discussed further in this Record
of Proceedings.
4.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

5.  The available records show that the applicant was ordered to active
duty from the Enlisted Reserve Corps, on 6 September 1950, in the rank of
Master Sergeant, in the military occupational specialty 1966 (Track Vehicle
Repair Foreman).

6.  The applicant was assigned to Korea and arrived there with Service
Battery, 213th Armored Field Artillery Battalion (105 MM) (Self Propelled)
on 16 February 1951.  The applicant remained assigned to this unit until he
was returned to the United States for release from active duty on 4 August
1951.

7.  The applicant was honorably released from active duty and was
transferred to the Enlisted Reserve Corps, in the rank of Master Sergeant,
on 17 August 1951, under the provisions of Army Regulation (AR) 615-365 and
Service Regulation (SR) 615-363-5, for the convenience of the government.
On his release from active duty, the applicant had completed 11 months and
12 days active duty service

8.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214
shows that he was awarded the Korean Service Medal, with one bronze service
star, to denote his campaign participation credit.

9.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214
shows the applicant was assigned in Korea for 5 months and 18 days.

10.  The applicant's DD Form 214 shows entitlement to the Korean Service
Medal, with one bronze service star; however, the applicant is entitled to
two additional bronze service stars to correctly denote his campaign
participation credit.

11.  The applicant participated in the following three campaigns of the
Korean War:  the First UN (United Nations) Counteroffensive, which extended
from 25 January through 21 April 1951; the CCF (Chinese Communist Forces)
Spring Offensive, which extended from 22 April through 8 July 1951; and the
UN Summer-Fall Offensive, which extended from 9 July through 27 November
1951.
12.  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.

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

14.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the applicant
was assigned to a unit, Service Battery, 213th Armored Field Artillery
Battalion (105 MM) which was awarded the Republic of Korea Presidential
Unit Citation for the period 19 September 1950 through 31 July 1952 by
Department of the Army General Order (DAGO) Number 41, dated 1955.  The
Korean government awards the Republic of Korea Presidential Unit Citation
and not more than one Republic of Korea Presidential Unit Citation will be
worn by any individual, and no oak leaf cluster or other appurtenance is
authorized.

15.  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
heroic 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.  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 provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board For Correction of Military Records to have it added to
his DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Korean Service Medal, with one bronze
service star.  The applicant participated in three campaigns during the
Korean War.  He is therefore entitled to award of two additional bronze
service stars, in addition to the one bronze service star already shown on
his Korean Service Medal, to correctly denote his campaign participation
credit.

2.  The applicant served on active duty during one of the qualifying
periods for award of the National Defense Service Medal.  He is therefore
entitled to award of the National Defense Service Medal and to have it
added to his DD Form 214.

3.  The applicant earned the Korean Service Medal.  This award
automatically entitles him to award of the United Nations Service Medal.
This medal does not appear on the applicant's DD Form 214.  It would be
appropriate to add this award to his DD Form 214.

4.  The applicant served in a unit that was awarded the Republic of Korea
Presidential Unit Citation at a time it was cited for this award.  He is
therefore entitled to this unit award and to have it added to his DD Form
214.

BOARD VOTE:

__jev___  __jea___  __lds___  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:  awarding the applicant the National
Defense Service Medal, the United Nations Service Medal, the Republic of
Korea Presidential Unit
Citation, and two additional bronze service stars, in addition to the one
already shown in conjunction with the Korean Service Medal, for a total of
three bronze service stars to be affixed to his Korean Service Medal.




                 James E. Vick
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101565                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040909                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  131                 |107.0085                                |
|3.  138                 |107.0092                                |
|4.  115                 |107.0069                                |
|5.                      |                                        |
|6.                      |                                        |



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