RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060007610


      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. Allen Raub                    |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) for the period
ending 29 April 1955 to show award of the Bronze Star Medal and the Good
Conduct Medal.

2.  The applicant states that all of his duty was during wartime and it
could have been an oversight.

3.  The applicant provides a letter, dated 25 May 2006, from the National
Personnel Records Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
29 April 1955.  The application submitted in this case is dated 5 May 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.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, they will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 15 June 1951.  He served as an
infantryman in Korea and was released from active duty on 25 May 1953 and
transferred to the Enlisted Reserve Corps.

5.  The applicant's DD Form 214 for the period ending 25 May 1953 shows the
Combat Infantryman Badge, the Korean Service Medal with one bronze service
star, and the United Nations Service Medal as authorized awards.

6.  Section 12 (Time Lost Under AW 107 and Subsequent to Normal Date of
Expiration of Term of Service) on the applicant’s DD Form 230 (Service
Record) shows he had 2 days of lost time due to being absent without leave
(AWOL) from 16 March 1953 to 17 March 1953.

7.  On 4 November 1953, the applicant was ordered to active duty for 24
months. On 4 April 1955, he was honorably discharged for enlistment in the
Regular Army.  He enlisted in the Regular Army on 5 April 1955 for a period
of 6 years.  On 29 April 1955, he was honorably discharged.

8.  The applicant’s DD Form 214 for the period ending 29 April 1955 shows
the National Defense Service Medal as an authorized award.

9.  There are no orders for the Good Conduct Medal in the available
records.

10.  Section 9 (Remarks – Administrative) on the applicant’s DD Form 230
shows that his character and efficiency ratings were satisfactory during
the period
20 February 1954 to 5 August 1954 and he was not favorably considered for
the Good Conduct Medal.  The applicant’s efficiency rating for the period 5
April 1955 to 29 April 1955 was satisfactory.  This section also contains
two entries wherein the applicant was favorably considered for the Good
Conduct Medal and one entry wherein he was recommended for the Good Conduct
Medal.

11.  A DD Form 215 (Correction to DD Form 214), dated 8 June 1956, amended
several items on the applicant’s DD Form 214 for the period ending 29 April
1955.

12.  A DD Form 215, dated 7 February 2006, amended the applicant’s DD Form
214 for the period ending 25 May 1953 to show the Purple Heart and the
Distinguished Unit Commendation.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.
14.  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 are no orders for the Good Conduct Medal in the available
records.  The applicant's military records show he had 2 days of lost time
due to AWOL in March 1953, which is a disqualifying factor for award of the
Good Conduct Medal.  Therefore, the applicant did not meet the eligibility
criteria for award of the Good Conduct Medal during the period 15 June 1951
to 25 May 1953.

2.  The applicant's military records show he received character and
efficiency ratings of "Satisfactory" during the period 20 February 1954 to
5 August 1954 and an efficiency rating of “Satisfactory” during the period
5 April 1955 to 29 April 1955, which are disqualifying factors for award of
the Good Conduct Medal.  Therefore, the applicant does not meet the
eligibility criteria for award of the Good Conduct Medal for the period 4
November 1953 to 29 April 1955.

3.  The applicant served a period of qualifying service for the ROK-KWSM.

4.  Evidence shows that the applicant’s records contain an 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 now
under consideration on 29 April 1955; therefore, the time for the applicant
to file a request for correction of any error expired on 28 April 1958.
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

AR____  _FJ______  _QS____  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 an administrative error 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 amend his DD Form 214 for the period ending 29 May
1955 to add the ROK-KWSM.



                            __Allen Raub__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007610                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0056                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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