RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		  

	BOARD DATE:	  9 August 2005
	DOCKET NUMBER:  AR20050001167 


	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. Barbara J. Ellis

Chairperson

Mr. Kenneth L. Wright 

Member

Mr. Patrick H. Mcgann Jr. 

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 records to show award of the National Defense Service Medal and the Army Good Conduct Medal (2nd and 3rd Award).

2.  The applicant states, in effect, that he served in World War II and the Korean War and was not issued the above medals.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with the ending period 18 November 1945 and a DD Form 214 (Report of Separation from the Armed Forces of the United States) with the ending period 30 October 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 October 1951.  The application submitted in this case is dated 12 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 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 WD AGO Form 53-55 and DD Form 214.  

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered active duty on 26 October 1942.  The applicant served in the European Theater of Operations from 2 June 1943 through 6 November 1945 while assigned to B Company, 769th Military Police Battalion.  He was honorably discharged on 18 November 1945 and transferred to the Enlisted Reserve Corps after completing 3 years and 23 days of creditable active service.

5.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal (1st Award), the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the World War II Victory Medal, and the American Campaign Medal. 

6.  On 22 October 1950, the applicant was recalled to active duty from the Enlisted Reserve Corps.  He served in Korea for a period of about 10 months and 14 days of foreign service and item 28 shows his most significant duty assignment was with A Company, 519th Military Police Battalion.  He was honorably released on 30 October 1951 and again returned to the Enlisted Reserve Corps.  His records show he had a combined period of 4 years, 1 month, and 2 days of creditable active service with no time lost.

7.  The applicant's DD Form 214 with the ending period 30 October 1951 shows he was awarded the Korean Service Medal with 3 bronze service stars.  

8.  Army Regulation 600-65 (Service Medals), in effect at the time, provided policy and criteria concerning individual military decorations.  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 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.  Subsequent awards are referred to as 2nd Award, 3rd Award and etc.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states 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.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations 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.

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.  Evidence of records shows the applicant received the Army Good Conduct Medal (1st Award).  Even though he had completed a total of 4 years, 1 month, and 9 days of creditable active service, records show that he does not have the qualifying service of three years of continuous enlisted active Federal military service for him to be considered for the Army Good Conduct Medal (2nd Award). 

2.  The applicant is eligible for award of the National Defense Service Medal and the United Nations Service Medal.  His DD Form 214 should be amended to add these Medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ BJE __  __ KLW _  __ PHM _  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 amending his DD Form 214 to show award of the National Defense Service Medal 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 award of the Army Good Conduct Medal (2nd Award and 3rd Award).




___    Barbara J. Ellis ___
          CHAIRPERSON




INDEX

CASE ID
AR20050001167
SUFFIX

RECON

DATE BOARDED
9 August 2005
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.

2.

3.

4.

5.

6.