RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:   AR20050000078


      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:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 reconsideration of his previously denied request
for award of the Purple Heart.  In addition, he requests that his “rank,
service medals and other awards” and “all of his service time in World War
II and the Korean War” be consolidated and shown on a single separation
document.

2.  The applicant states that his “discharge is incomplete”.

3.  The applicant provides copies of statements from two individuals who
served with him.  These statements were previously considered in the
applicant’s original request for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC95-
08520, on
22 November 1995.

2.  The applicant is requesting correction of an alleged error that
occurred on 16 June 1954.  The application submitted in this case is dated
15 March 2004 and was received by the ABCMR, through a Member of Congress,
on 22 December 2004.

3.  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.

4.  Army Regulation 15-185 sets forth procedures for processing requests
for correction of military records.  A recent court decision ordered the
deletion of paragraph 2-15b which applies to requests for reconsideration.
The effect of this court decision now permits an applicant to request
reconsideration of an earlier ABCMR decision if the request is received
within one year of the ABCMR's original decision and it has not previously
been reconsidered.  Such requests must provide new evidence or arguments
that were not considered at the time of the ABCMR's prior consideration.
5.  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.  This case is being
considered using reconstructed records, which primarily consist of: three
separate WD AGO Forms 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge), two separate DD Forms 214 (Report of Separation from
Active Duty), and copies of various Morning Reports of Company G, 5th
Cavalry Regiment (Inf) in Korea in the August/September, 1950 time-frame.

6.  A WD AGO Form 53-55, dated 5 November 1946, shows the applicant
received the World War II Victory Medal and the Army of Occupation Medal
with Germany Clasp.

7.  A DD Form 214, dated 12 July 1951, shows the applicant received the
Combat Infantryman Badge and the Army of Occupation Medal with Japan Clasp.

8.  A DD Form 214, dated 16 June 1954, shows the applicant received the
Republic of Korea Presidential Unit Citation and the National Defense
Service Medal.

9.  Special Regulations 615-360-1, in effect at the time of the applicant’s
final DD Form 214, dated 16 June 1954, provides that “all entries on the
Form 214, except items 23 and 24 and the items under PERSONAL DATA, apply
only to the current period of active duty.”

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  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.

12.  Army Regulation 600-8-22, 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.

13.  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.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant’s request for reconsideration of award of the
Purple Heart was received more than 1 year after the Board’s original
decision, the request does not meet the criteria for reconsideration and
will not be addressed further in this record of proceedings.

2.  The limited information available to the Board shows that the applicant
served in Korea.  The actual dates are not known.  However, the fact that
he was awarded the Combat Infantryman Badge verifies that he served in
combat.  As such, he is entitled to award of the Korean Service Medal, with
at least one bronze service star; the United Nations Service Medal; and
correction of his records to show these service medals and appurtenance.

3.  There are no provisions for consolidating the applicant’s service time
in World War II and the Korean War and showing this information on a single
separation document.  Therefore, the applicant is not entitled to
correction of his records to consolidate his overseas/wartime service.

4.  There are no provisions for showing “all ranks” on a single separation
document.  Therefore, the applicant is not entitled to correction of his
records to show “all ranks.”
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___rtd___  ___lvb___  ___clg___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 award of the
Korean Service Medal with one bronze service star and the United Nations
Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
consolidating all of the individual’s World War II and Korean War service
and “all ranks” into one separation document.




            _________Curtis L. Greenway______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000078                           |
|SUFFIX                  |                                        |
|RECON                   |20051006                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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