RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060000584


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |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, in effect, correction of item 28 (Most
Significant Duty Assignment) on his DD Form 214 (Report of Separation from
the Armed Forces of the United States) for the period ending 12 October
1951 to show Company F, 15th Infantry Regiment instead of Service Company,
15th Infantry Regiment.

2.  The applicant states, in effect, that his DD Form 214 for the period
ending
12 October 1951 shows he served nine months and three days in Korea
assigned to Service Company, 15th Infantry Regiment.  He states that he was
assigned to Company F (the front lines), 15th Infantry Regiment from
January 1951 to June 1951 in Korea.  He contends that he was transferred to
Service Company, 15th Infantry Regiment in June 1951 to work as a supply
clerk until he was released from active duty on 12 October 1951.

3.  The applicant provides a DD Form 214 for the period ending 20 April
1950 and a DD Form 214 for the period ending 12 October 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 October 1951.  The application submitted in this case is
dated 18 December 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.  The applicant enlisted on 14 September 1948 for a period of 21 months.
He was released from active duty on 20 April 1950 and transferred to the
U.S. Army Reserve.  He was ordered to active duty on 29 September 1950.  He
served in Korea and was released from active duty on 12 October 1951.

5.  Item 28 on the applicant's DD Form 214 for the period ending 12 October
1951 shows the entry, “Service Co [Company] 15th Inf Regt [Infantry
Regiment] APO 468.”  This DD Form 214 shows the Korean Service Medal with
three bronze service stars as an authorized award.

6.  There is no evidence of record which shows the applicant was assigned
to Company F, 15th Infantry Regiment during his assignment in Korea.

7.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at
the time, established the procedures to be followed in the separation of
enlisted personnel from active military service and described the proper
method of execution and disposition of the various forms, records, and
reports required.  The regulation specifically stated the last unit, or
similar element, to which assigned for duty rather than the element of
which an individual was a part while moving to a separation point would be
entered in item 28.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
United Nations Service Medal.  In pertinent part, the regulation states
that the period of eligibility for the United Nations Service Medal was
between 27 June 1950 and 27 July 1954.  The regulation provides that this
service medal was awarded to members of the Armed Forces of the United
States dispatched to Korea or adjacent areas on behalf of the United
Nations.  Award of the Korean Service Medal automatically establishes
eligibility for award of the United Nations Service Medal.

9.  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.

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.  There is no evidence of record which shows the applicant was assigned
to Company F, 15th Infantry Regiment during his assignment in Korea.  The
governing regulation states that the last unit to which assigned for duty
would be entered in item 28 on the DD Form 214.  By the applicant’s own
admission, he states that he was assigned to Service Company, 15th Infantry
Regiment for duty as a supply clerk from June 1951 to October 1951.
Regrettably, there is no basis for granting the applicant's request to
amend item 28 on his DD Form 214 to show Company F, 15th Infantry Regiment.

2.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.

3.  The applicant served a period of qualifying service for award of the
National Defense Service Medal and the ROK-KWSM.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 12 October 1951; therefore, the time for the
applicant to file a request for correction of any error expired on 11
October 1954.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WP_____  JR______  _KJ_____  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the United Nations Service
Medal, the National Defense Service Medal, and the ROK-KWSM.



                                  __William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000584                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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