RECORD OF PROCEEDINGS


	IN THE CASE OF:    
	 

	BOARD DATE:          27 October 2005                   
	DOCKET NUMBER:  AR20050001791


	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. Melvin H. Meyer

Chairperson

Mr. Allen L. Raub

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 correction of his records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, that he noticed the Bronze Star Medal was missing from his records when he requested all of his awards from the National Personnel Records Center.

3.  The applicant provides a copy of a DA Form 638, dated 25 August 1953, recommending him for award of the Bronze Star Medal.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error that occurred on 6 December 1963.  The application submitted in this case is dated 26 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 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 records show he enlisted in the Regular Army on 9 September 1944 and trained in Military Occupational Specialty 648 (Radio Repairman).  He served in the Asiatic-Pacific Theater from 6 November 1945 to 8 October 1946.  He was honorably separated in the rank of private first class on 27 November 1946 for the convenience of the government (Demobilization).  His WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows he received the following awards and decorations during this enlistment: the Asiatic-Pacific Campaign Medal; the Army of Occupation Medal with Japan Clasp; the World War II Victory Medal; and, the Marksman Marksmanship Badge with Rifle Bar.  No other awards or decorations are listed during this period.

4.  The applicant was recalled to active duty on 8 February 1952 in the grade of warrant officer junior grade, attended training at Fort Holabird, Maryland, and deployed to Korea, where he served as Assistant Adjutant, Headquarters and Headquarters Company, 14th Infantry Regiment from 9 February to 24 April 1953; and later as Unit Administrator, Company I, 14 Infantry Regiment from 25 April to 28 November 1953.  He was again released from active duty on 6 December 1953.  His DD Form 214 (Report of Separation from Active Duty) for this period shows he received the following awards and decorations: the Korean Service Medal; the United Nations Service Medal; the National Defense Service Medal; and, the Combat Infantryman Badge.  No other awards or decorations are listed.

5.  The applicant’s military personnel records are remarkably complete and contain the original of the DA Form 638 submitted by the applicant as evidence, to include indorsements by the chain of command, proposed citation, and final disposition.  The recommendation for award of the Bronze Star Medal to the applicant was disapproved by Headquarters, 25th Infantry Division on 17 September 1953.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant was assigned to a unit that was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 19, dated 1955.

7.  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.  The appendix shows the applicant is entitled to wear one bronze service star for each the following Korean War campaigns: Third Korean Winter; and, Korea Summer 1953.

8.  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.

9.  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 record shows the recommendation for award of the Bronze Star Medal to the applicant was disapproved by appropriate authority.  Therefore, he is not entitled to the Bronze Star Medal, or correction of his records to show this decoration.

2.  General Orders show the applicant is entitled to the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

3.  Evidence of record shows the applicant received the Korean Service Medal and participated in two campaigns.  As a result, he is entitled to award of two bronze service stars, to be affixed to the Korean Service Medal, and correction of his records to show these appurtenances.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 December 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 December 1956.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

5.  The evidence shows that the applicant’s record contains administrative error that does not require action by the Board.  The necessary corrections will be accomplished administratively by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___alr___  ____mhm  ____lds__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of:

	a. the Republic of Korea Presidential Unit Citation; and,

	b. two bronze service stars, to be affixed to the Korean Service Medal.




		_________Melvin H. Meyer__________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001791
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051027
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.