RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050001114


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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 award of the American Defense Service Medal and
Good Conduct Medal.

2.  The applicant states, in effect, that Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 (Report of Separation from the Armed Forces
of the United States) is missing the two awards and he would like the
document corrected so that it properly reflects his record of military
service.

3.  The applicant provides a copy of his DD Form 214, a self-authored
statement, and a National Personnel Records Center letter, dated 10 January
2005, advising him to apply to this agency for correction of his military
records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 December 1952, the date of his separation from active duty.  The
application submitted in this case is dated 16 January 2005.

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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records essentially
consist of the applicant's DD Form 214.

4.  Applicant's DD Form 214 shows that he entered active duty on 5 March
1951 and served overseas as an infantryman for 11 months and 16 days.
Available records show that he was assigned to Company G, 279th Infantry
Regiment while in Korea.  This document shows that the applicant had no
lost time during his military service and that he was separated under
honorable conditions on
5 December 1952.


5.  The applicant's DD Form 214 shows in Item 27 that he was awarded the
United Nations Service Medal, Korean Service Medal with 2 bronze service
stars, and the Combat Infantryman Badge.

6.  Available records fail to show that the applicant was awarded the
American Defense Service Medal or the Good Conduct Medal.

7.  The applicant provides a copy of his DD Form 214 and a self-authored
statement in which he requests that his discharge document be corrected to
show the awards that he is entitled to for his military service.

8.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

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

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows the 279th Infantry Regiment, the unit
to which the applicant was assigned, was cited for award of the Republic of
Korea Presidential Unit Citation for actions during the period 10 December
1951 to
31 July 1953 by Department of the Army, General Orders Number 30; 1954.

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 U.S. 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 document (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 fact sheet
and request form has been 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 ABCMR to add this foreign award to his DD Form
214.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Service Medal for service within the American Theater
between 8 September 1939 and 7 December 1941 under orders to active duty
for a period of 12 months or longer.

14.  Army Regulation 600-65 (later superseded by Army regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that the Army Good Conduct Medal was awarded for each 3
years of continuous enlisted active Federal military service completed on
or after
27 August 1940, for first award only, 1 year served entirely during the
period
7 December 1941 to 2 March 1946 and, for the first award only, upon
termination of service on or after 27 June 1950 of less than 3 years, but
more than 1 year.  At the time, a soldier's conduct and efficiency ratings
must have been rated as "excellent" for the entire period of qualifying
service and there must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the American Defense
Service Medal and Good Conduct Medal based upon his military service during
the period 5 March 1951 to 5 December 1952.

2.  Evidence of records fails to show that the applicant served on active
duty in the American Theater during the period between 8 September 1939 and
7 December 1941 for a period of 12 months.  Therefore, he is not entitled
to award of the American Defense Service Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 5 May 1951 through 5 December 1952 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

4.  The applicant's DD Form 214 shows he served a qualifying period for
award of the National Defense Service Medal.  Therefore, he is entitled to
have his records corrected to show award of the National Defense Service
Medal.

5.  General Orders awarded the applicant's unit the Republic of Korea
Presidential Unit Citation.  Therefore, it would be appropriate to correct
his records to show this unit award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 December 1955.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__BJE __  __HOF __  ___RR __  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
Good Conduct Medal, the National Defense Service Medal, and the Republic of
Korea Presidential Unit Citation.

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
award of the American Defense Service Medal.




                                  ____ BARBARA J. ELLIS_____
                                        CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001114                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19521205                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |GRANT - PARTIAL                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |107.0092.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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