RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050003918


      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:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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
Army Good Conduct Medal (1st Award), the Republic of Korea Presidential
Unit Citation, and the Korean War Service Medal.

2.  The applicant states, in effect, that he believes the above awards
should be included on his DD Form 214 (Report of Separation from the Armed
Forces of the United States).

3.  The applicant provides a DD Form 214 with the period ending 19 August
1954 and two news letters pages.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 19 August 1954.  The application submitted in this case is dated 9 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 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 DD Form 214.

4.  The applicant's DD Form 214 shows he entered active duty on 6 November
1952.  He served overseas for a period of 1 year, 3 months, and 18 days.
Item 28 shows his most significant duty assignment was with B Battery,
189th Field Artillery.  He was honorably separated on 19 August 1954 and
transferred to the Army Reserve Artillery after completing 1 year, 9
months, and 14 days of creditable active service.



5.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign
Ribbons or Authorized) shows he was awarded the Korean Service Medal with
one bronze service star, the National Defense Service Medal, and the United
Nations Service Medal.

6.  There are no orders in the applicant's service personnel records
awarding him the Army Good Conduct Medal (1st Award).

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  This document shows that, at the time of the applicant’s
assignment to B Battery, 189th Field Artillery, it was awarded the Republic
of Korea Presidential Unit Citation for the period 10 December 1951 through
31 July 1953 based on Headquarters, Department of the Army General Orders
Number 30, dated 1954.

8.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  It provides a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.

9.  Army Regulation 600-65 (Military Awards), 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.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service except that a
service school efficiency rating based upon academic proficiency of less
than "excellent" will not be disqualifying.

10.  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 award.  The Department of Defense has
assigned responsibility to
the Department of the Air Force for distribution of the Korean War Service
Medal to eligible veterans of all services.  To apply, veterans must
provide a copy of their discharge paper to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, TX 78150-4714.  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.  In the absence of military records, there is insufficient basis for
award of the Army Good Conduct Medal (1st Award) in this case.

2.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Korea Presidential Unit Citation.  His DD Form
214 should be amended to add this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 August 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         18 August 1957.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LE____  __ PMS _  __ LGH _  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 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 Army Good Conduct Medal (1st Award).




                            ____ Lester Echols _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003918                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0092.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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