RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 December 2005
      DOCKET NUMBER:  AR20050005849


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, that his military records be
corrected to show that he is entitled to three bronze service stars on his
Korean Service Medal instead of 2 bronze service stars based on campaigns
during which he served in Korea.

2.  The applicant states, in effect, that he served in three campaigns with

K Company, 27th Infantry during the period from May through December 1952.

3.  The applicant provides a copy of:

      a.  his DD Form 214 (Report of Separation from Active Duty) with an
effective date of separation of 14 August 1953; and

      b.  the following list of campaigns that he participated in with K
Company, 27th Infantry Regiment:

            1)  4 May 1952, Western Front, on the frontline approximately 2
weeks;

            2)  19 July 1952, Bloody Ridge/Eastern Front, 95 days on
frontline;

            3)  8 December 1952, near Jackson Heights, online 7 days; and

            4)  15 December 1952, West Central Front, offline running
patrols w/regiment until 4 May 1953, Republic of Korea (ROK) Marines.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 August 1953, the date of his release from active duty.  The
application submitted in this case is dated 22 March 2005 and was received
on 15 April 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 personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the ABCMR were provided by the applicant.  The primary record
available to this Board is the applicant’s DD Form 214.

4.  The applicant's DD Form 214 shows that he was inducted on 15 November
1951; served 1 year, 1 month, and 3 days of foreign and or sea service; and
was released from active service on 14 August 1953.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
which he authenticated in his own hand, showed award of the Korean Service
Medal with 2 bronze service stars.

6.  The applicant's DD Form 214 showed that the applicant's most
significant duty assignment was K Company, 27th Infantry (Korea).

7.  There is no evidence that showed exactly when the applicant arrived in
Korea or when he departed Korea.

8.  A review of the applicant's records shows that he is entitled to
additional awards, which he did not request and are not listed on his DD
Form 214.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation.  A silver star is
worn instead of five bronze service stars.  The regulations state that
authorized bronze service stars will be worn on the appropriate campaign
and service medal, which in this case is the Korean Service Medal.

10.  During the applicant's period of service, Table B-1 of Army Regulation
600-8-22 shows the following designated campaigns during the Korean War:
the Second Korean Winter Campaign (28 November 1951 - 30 April 1952); the
Korean, Summer-Fall 1952 Campaign (1 May - 30 November 1952); the Third
Korean Winter Campaign (1 December 1952 - 30 April 1953); and the Korea,
Summer 1953 Campaign (1 May - 27 July 1953).

11.  Army Regulation 600-8-22 provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to three bronze service
stars on his Korean Service Medal

2.  There is no evidence to determine when the applicant arrived or
departed Korea.  Therefore, there is insufficient evidence to change the
current number of bronze service stars reflected on the applicant's DD Form
214.

3.  Records show the applicant served honorably for one year and nine
months during the period 27 July 1950 through 27 July 1954.  Therefore, the
applicant is entitled to the National Defense Service Medal.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 August 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 August 1956.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TSK____  _JBM___  _ RLD   _   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 the National Defense Service Medal.





                                  ___Ted S. Kanamine_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0069                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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