Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050003252C070206
Original file (20050003252C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       14 December 2005
      DOCKET NUMBER:  AR20050003252


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 that his report of separation (DD Form 214) be
corrected to reflect all of his awards.

2.  The applicant states that not all of his awards are listed on his DD
Form 214.

3.  The applicant provides a copy of a letter from the National Personnel
Records Center (NPRC), St Louis, Missouri, dated 15 October 2002 and a copy
of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 April 1952.  The application submitted in this case is dated 16 February
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 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.

4.  He enlisted at Fort Sam Houston, Texas, on 9 February 1948.  He
completed his training as a medical technician and his records show that he
served 1 year and 7 months of foreign service.  He was promoted to the rank
of sergeant on 24 May 1951.  On 4 April 1952 he was honorably discharged
due to the expiration of his term of service (ETS).  He had served 4 years,
1 month, and
27 days of total active service and was awarded the Medical Badge and the
Korean Service Medal.


5.  On 15 October 2002, the NPRC dispatched a letter to the applicant
informing him that although his records may have been destroyed in the 1973
fire that occurred at that center, the NPRC was able to verify his
entitlement to awards of the Good Conduct Medal (GCMDL), the National
Defense Service Medal (NDSM), the Korean Service Medal, the Combat Medical
Badge (CMB), and the United Nations Service Medal (UNSM).  Accordingly,
authority to issue those medal sets were forwarded to the appropriate
command in Philadelphia, Pennsylvania.  However, there is no evidence to
show that those awards were ever entered on his DD Form 214.

6.  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.

7.  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.  The available evidence shows that the applicant has been issued the
GCMDL, the NDSM, and the UNSM; however, there is no evidence to show that
those awards were ever entered onto his separation document.

2.  Accordingly, it would be in the interest of justice to add those awards
to his records at this time.

BOARD VOTE:

__MJF__  _LGH___  __JS ____  GRANT 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 showing he was awarded the GCMDL, the
NDSM, and the UNSM.




            _____John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003252                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.107.0056              |102/gcmdl                               |
|3.107.0069              |115/ndsm                                |
|4.107.0085              |131/unsm                                |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074790C070403

    Original file (2002074790C070403.rtf) Auto-classification: Approved

    Army Regulation 600-8-22 also provides, in pertinent part, that the Korean Service Medal (KSM) is a United Nations Service Medal (UNSM) that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. However, because of the absence of his awards, there is no way...

  • ARMY | BCMR | CY2004 | 20040011732C070208

    Original file (20040011732C070208.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. His DD Form 214, issued at the time of his discharge shows that he was awarded the Korean Service Medal with two bronze service stars. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

  • ARMY | BCMR | CY2002 | 2002077896C070215

    Original file (2002077896C070215.rtf) Auto-classification: Approved

    Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. 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. The applicant is authorized award of the GCMDL and the NDSM for the period of service from 8 January 1951-8 October 1952; and the UNSM for participating in the...

  • ARMY | BCMR | CY2003 | 2003083500C070212

    Original file (2003083500C070212.rtf) Auto-classification: Approved

    The applicant states that his record does not show that he was wounded in action or awarded the PH. This document shows the unit to which the applicant was assigned was cited for award of the Distinguished Unit Citation (DUC) for the period 16 - 22 May 1951 by Department of the Army General Order Number 72, dated 1951. 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...

  • ARMY | BCMR | CY2002 | 2002078136C070215

    Original file (2002078136C070215.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show that he was wounded in Korea on/about 18 March 1951 and that he be awarded the Purple Heart (PH). 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. The evidence of record does not support that the applicant was wounded in combat during the Korean War.

  • ARMY | BCMR | CY2003 | 2003091377C070212

    Original file (2003091377C070212.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation From The Armed Forces of the United States) be corrected to show award of the Purple Heart (PH), Good Conduct Medal (GCMDL), National Defense Service Medal (NDSM), Korean Service Medal (KSM), and United Nations Service Medal (UNSM). The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2002 | 2002072216C070403

    Original file (2002072216C070403.rtf) Auto-classification: Approved

    There is no evidence of record which shows the applicant was awarded the UNSM. 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. Therefore, in accordance with the Military Awards regulation, the applicant did not serve a period of qualifying service for award of the ACM and there is no basis for amending his record to show this award.

  • ARMY | BCMR | CY2003 | 2003087329C070212

    Original file (2003087329C070212.rtf) Auto-classification: Approved

    The applicant states that he received the award of the BSM after he separated from the service and it has never been added to his records. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 24 October 1950 to 26 August 1952. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected: by showing that the individual concerned was awarded the BSM, by...

  • ARMY | BCMR | CY2005 | 20050000564C070206

    Original file (20050000564C070206.doc) Auto-classification: Denied

    The war was over and he was not needed as an infantryman so he was assigned to a hospital unit that was transferred to Japan. The applicant’s military records are not available to the Board for review. 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.

  • ARMY | BCMR | CY2001 | 2001052104C070420

    Original file (2001052104C070420.rtf) Auto-classification: Denied

    The available military records provide no evidence of the applicant’s assignment to Korea. The United Nations Service Medal (UNSM) is awarded for service in Korea during the same period, and receipt of the Korean Service Medal automatically establishes eligibility for the UNSM. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: