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ARMY | BCMR | CY2005 | 20050006404C070206
Original file (20050006404C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20050006404


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 award of the Meritorious Unit Commendation.

2.  The applicant states that Soldiers serving during the same time period
received this commendation.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), newspaper clipping and a
copy of a photo.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 August 1954, the date of his separation.  The
application submitted in this case is dated 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.  Records available to the Board show that the applicant was inducted
into the Army on 8 September 1952.  He served in Korea for 1 year, 2
months, and          19 days.  He was honorably released from active duty
on 25 August 1954.  The applicant was credited with 1 year, 11 months, and
21 days of active federal service at the time of his release.

4.  The applicant provided a news paper clipping that shows the 3d Signal
Company was awarded the Meritorious Unit Commendation from the period
 27 January 1952 to 27 July 1953.  He also provided a photograph of a
formation in which the guide-on bearer is presenting the 3d Signal Company
Flag.  It appears as if the person in charge of the formation is placing a
streamer on the guide-on.

5.  The applicant’s DD Form 214 shows that he was awarded the Korean
Service Ribbon with one bronze service star.  His records also show that he
attended Unit Supply Specialist Course from November 1952 until January
1953.
6.  The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) contains a register of unit citations and of
campaign participation credits for World War II and for the Korean War.
This document shows the unit, 3d Signal Company, 3d Infantry Division, to
which the applicant was assigned, was awarded the Meritorious Unit
Commendation from                27 January 1953 – 27 July 1953 by
Department of the Army General Orders Number 11, dated 1954.

7.  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.  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 applicant’s records show that he served for a period of 14 months
in Korea.

2.  Although the exact dates he served in Korea cannot be determined, based
upon the completion of his Supply Course, January 1953, and his separation
date, August 1954, you can surmise that the applicant could have served as
early as January 1953 to March 1954 or as late as June 1953 to August 1954.
 The ABCMR acknowledges the difference in the “from” date that the unit was
awarded the Meritorious Unit Commendation, 27 January 1952 as cited by the
newspaper clipping versus 27 January 1953, as cited by the regulation
differ.  However, this Board will use the dates listed in the regulation.
Based upon the dates the unit was awarded the Meritorious Unit
Commendation,                        27 January 1953 to 27 July 1953, the
applicant would have been eligible for this award.  Therefore, in the
interest of equity and justice, it would be appropriate to correct the
applicant’s records to show that he is entitled to the award of the
Meritorious Unit Commendation.

BOARD VOTE:

__SP ___  __CD ___  __KJ____  GRANT FULL 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 is entitled to the award of
the Meritorious Unit Commendation.





                            _____Shirley Powell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006404                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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