RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            18 JULY 2006
      DOCKET NUMBER:   AR20050017777


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 he be awarded a fourth bronze service star
and that his records be corrected to reflect award of the Republic of Korea
Presidential Unit Citation (ROKPUC), the Good Conduct Medal (GCMDL), and
his Letter of Commendation.

2.  The applicant states, in effect, that he should have been awarded a
fourth bronze service star because he did not depart Korea until June 1953
and had served a portion of his fourth campaign (Korea Summer 1953) which
covered the period of 1 May to 27 July 1953.  He also states that he should
have received a ROKPUC that was awarded to his unit and that his Letter of
Commendation and GCMDL should be added to his report of separation (DD Form
214).

3.  The applicant provides a copy of his DD Form 214, a copy of a letter
from a member of Congress indicating that his GCMDL was enclosed with the
letter, a copy of a letter from his member of Congress regarding his awards
along with a handwritten letter of explanation from the applicant and a
response from the National Personnel Records Center to the member of
Congress informing him that the applicant was awarded the GCMDL.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1953.  The application submitted in this case is dated
18 November 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,  there
were sufficient documents remaining in a reconstructed record for the  Board
to conduct a fair and impartial review of this case.

4.  He was inducted in Los Angeles, California on 16 July 1951 and was
transferred to Fort Ord, California to undergo his training.  He completed
his training, was awarded the military occupational specialty (MOS) of 0175
(Bandsman) and was transferred to Camp Stoneman, California, where he
remained until he departed for Korea on 11 March 1952.

5.  He arrived in Korea on 4 April 1952 and was assigned to the 40th
Infantry Division Band.  He was advanced to the pay grade of E-3 on 30
October 1952 and to the pay grade of E-4 (corporal) on 23 March 1953.

6.  He departed Korea on 8 June 1953 and was transferred to Fort Ord, where
he was honorably released from active duty (REFRAD) on 30 June 1953.  He
had served 1 year, 11 months and 15 days of active service and his DD Form
214 issued at the time of his REFRAD indicates that he was awarded the
Korean Service Medal with three bronze service stars and the United Nations
Service Medal.

7.  On 27 July 1953, the 40th Infantry Division was awarded the ROKPUC for
the period covering 30 June 1952 to 27 July 1953 in Department of the Army
General Order 50-54.

8.  On 27 December 2004, the National Personnel Records Center (NPRC)
authorized the issuance of the National Defense Service Medal (NDSM) to the
applicant.  On 10 October 2004, the NPRC authorized the issuance of the
GCMDL to the applicant.  However, there is no evidence to show that those
awards were ever annotated to his records.

9.  Department of the Army Pamphlet 672-1; Unit Citation and Campaign
Participation Register indicates that the Korea Summer 1953 Campaign
covered the period of 1 May to 27 July 1953.

10.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Korean
Service Medal with four bronze service stars instead of three has been
noted and appears to have merit.  He arrived in Korea in April 1952 and
departed on 8 June 1953, a period which encompasses the last four campaigns
of the Korean War era.   Accordingly, his records should be corrected to
reflect that he has four bronze service stars instead of three, as
currently indicated.

2.   The applicant’s contention that his records should reflect the awards
of the ROKPUC and the GCMDL also appear to have merit.  He was awarded the
GCMDL and his unit was awarded the ROKPUC during the period he was assigned
to the unit.  Accordingly, he is entitled to have those awards reflected on
his records.

3.   The applicant was also awarded the NDSM and that award should also be
added to his records.

4.  Additionally, the applicant is entitled to be awarded the ROK-KWSM and
to have it added to his records as well.


BOARD VOTE:

____LE _  ____PM _  ____EF _  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  awarding him the ROK-KWSM, by
awarding him an additional bronze service star and correcting his records
to show four bronze service stars instead of three, and by showing that he
was awarded the ROKPUC, the GCMDL and the NDSM.





                            _____ Lester Echols____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017777                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19530730                                |
|DISCHARGE AUTHORITY     |AR (SR) 615-363-5                       |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.107.0092/138/ROKPUC   |                                        |
|2.107.0069/115/NDSM     |                                        |
|3.107.0056/106/GCMDL    |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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