RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       14 September 2006
      DOCKET NUMBER:  AR20060002060


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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, award of the World War II Victory
Medal.

2.  The applicant states, in effect, that he enlisted in the Army in
February 1948 and is entitled to award of the World War II Victory Medal.

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 March 1951, the date of his discharge.  The application
submitted in this case is dated 31 January 2006.

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.  On 27 February 1948, the applicant enlisted in the Army with parental
consent for a period of 3 years.  After completion of basic and advanced
individual training, he was awarded military occupational specialty 3060
(Cook).  While assigned to Company B, 56th Amphibious Tank and Tractor
Battalion, he served in the Korean Theater of Operations during the period
3 August 1950 through 12 March 1951.  The applicant was honorably
discharged, on 12 March 1951, for the purpose of immediate reenlistment.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Report of Separation from the Armed Forces of the United States) for the
period 27 February 1948 through 12 March 1951, contains the entry "None."

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for
the period 13 March 1951 to 29 March 1955 shows he was awarded the National

Defense Service Medal, the Combat Infantryman Badge, the Purple Heart, the
United Nations Service Medal, the Korean Service Medal with 1 bronze
service star, and the Army of Occupation Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War II Victory Medal.  It is awarded for service
between 7 December 1941 and 31 December 1946, both dates inclusive.

7.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

8.  Item 32 (Qualifications in Arms) of the applicant's DA AGO Form 20
(Soldier's Qualification Card) shows he was awarded the Marksman
Marksmanship Qualification Badge with Automatic Rifle Bar.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Korea.  This document shows that, at the time of
the applicant’s assignment to the 56th Amphibious Tank and Tractor
Battalion, it was cited for award of the Republic of Korea President Unit
Citation by Headquarters Department of the Army General Orders Number 8,
dated 1952.

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 requests award of the World War II Victory Medal.

2.  Evidence shows the applicant served his first period of enlistment from
27 February 1948 through 12 March 1951.  Regulation states the World War II
Victory Medal is awarded for service between 7 December 1941 and
31 December 1946, both dates inclusive.  Therefore, he is not entitled to
award of the World War II Victory Medal.
3.  Evidence shows the applicant was awarded the Marksman Marksmanship
Qualification Badge with Automatic Rifle Bar which is not shown on his
separation document.  Therefore, he is entitled to correction of his DD
Form 214 to show this badge.

4.  General Orders awarded the applicant's unit the Republic of Korea
Presidential Unit Citation; therefore, he is entitled to correction of his
records to show this award.

5.  Evidence shows the applicant served in the Korea Theater of Operations.
 Therefore, he is entitled to correction of his DD Form 214 to show award
of the Republic of Korea - Korean War Service Medal.

6.  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.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_ROM____  _RML__  __ENA___  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 the Marksman Marksmanship Qualification Badge with
Automatic Rifle Bar, the Republic of Korea Presidential Unit Citation, and
the Republic of Korea - Korean War Service Medal.




                               __Eric N. Andersen__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002060                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1955/29/03                              |
|DISCHARGE AUTHORITY     |AR 635-2000                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/ Admin                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  112                 |107.0066.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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