RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 November 2005
      DOCKET NUMBER:  AR20050003436


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 all unit
awards, to which he is entitled, while he was assigned to the 176th Armored
Field Artillery Battalion during the Korean War.

2.  The applicant states that his DD Form 214 (Report of Separation from
the Armed Forces of the United States) currently does not show these unit
awards.

3.  The applicant provides a copy of his DD Form 214 and a brief unit
history (from an unknown source) of the 176th Armored Field Artillery
Battalion, which includes Korean War campaigns and unit awards.  While not
specifically requested by the applicant, it appears he annotated four
separate unit awards, implying that he is entitled to these specific
awards.  They include: the Presidential Unit Citation; the Meritorious Unit
Commendation; and two awards of the Republic of Korea Presidential Unit
Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 16 December 1952.  The application submitted in this case is
dated 12 January 2005, and was received by the Board on 4 March 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s DD Form 214 and copies of morning reports of the 176th
Armored Field Artillery Battalion.

4.  The applicant’s DD Form 214 shows he was inducted on 17 November 1950.
He served overseas for a total of 1 year and 1 day.  He was separated from
the Army and transferred to the Enlisted Reserve Corps on 16 December 1952
in the rank of private, E-2.  Item 27 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of
the form shows he is entitled to the Korean Service Medal with four bronze
service stars and the United Nations Service Medal.

5.  Morning Reports of the 176th Armored Field Artillery Battalion indicate
the applicant’s duty status changed as follows: from “duty” to “absent
sick” on 9 June 1951; from “absent sick” to “duty” on 18 June 1951; and
from “duty” to “released from assignment and reassigned to 121st Evacuation
Hospital” on 5 July 1951.  There is no indication the applicant ever
returned to the 176th Armored Field Artillery Battalion subsequent to 5
July 1951.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Korean War.  This document shows the unit, to which the
applicant was assigned, was cited for award of: the Presidential Unit
Citation for the period 14 to 15 June 1953; the Meritorious Unit
Commendation for the period 1 April 1952 to 27 April 1953; the Republic of
Korea Presidential Unit Citation for the period 19 September 1950 to 31
July 1952; and the Republic of Korea Presidential Unit Citation for the
period 7 February to 16 September 1952.  The Republic of Korea Presidential
Unit Citation for the period 19 September 1950 to 31 July 1952 was
announced in Department of the Army General Orders Number 41, dated 1955.

7.  Army Regulation 600-8-22 (Military Awards) provides 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.

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.  Morning Reports and General Orders show the applicant was assigned to
the 176th Armored Field Artillery Battalion during one period when the unit
was cited for award of the Republic of Korea Presidential Unit Citation.
Therefore, he is entitled to correction of his records to show this unit
award.

2.  Since the applicant was not assigned to the 176th Armored Field
Artillery Battalion during the period it was cited for the Presidential
Unit Citation, the Meritorious Unit Commendation, and a second award of the
Republic of Korea Presidential Unit Citation, he is not entitled to
correction of his records to show these additional unit awards.

3.  The applicant’s DD Form 214 indicates he had honorable active service
during the period 27 July 1950 through 27 July 1954.  Therefore, he is
entitled to award of the National Defense Service Medal, and correction of
his records to show this service medal.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___jrs___  ___tap___  ___ena__  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
Republic of Korea Presidential Unit Citation and the National Defense
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
the Presidential Unit Citation, the Meritorious Unit Commendation, and a
second award of the Republic of Korea Presidential Unit Citation.




            _________Thomas A. Pagan_____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003436                           |
|SUFFIX                  |                                        |
|RECON                   |20051122                                |
|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.                      |                                        |


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