RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060009900 


	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



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 Artillery Combat Badge and any other awards and decorations that he may be entitled to based on his military service during the Korean War.

2.  The applicant states that at a reunion for his unit he was informed that there were awards and decorations that he should have received for his service in Korea.  The applicant also states that he was assigned to the 25th Division, 
21st Anti-Aircraft Artillery Battalion.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 December 1952, the date of his separation from active duty.  The application submitted in this case is dated 23 May 2006, and was received for processing on 14 July 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’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources which show the applicant was inducted into the Army, in pay grade E-1, on 23 March 1951.  He completed training and was assigned military occupational specialty 4345, light vehicle driver.

4.  The applicant served overseas for 10 months and 15 days.  

5.  He was released from active duty, as a private first class (temporary), on 22 December 1952 and transferred to the Enlisted Reserve Corps.  His DD Form 214 (Report of Separation from the Armed Forces of the United States), Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns, Ribbons Awarded or Authorized) lists the following awards:  the Korean Service Medal with one bronze service star and the United Nations Service Medal.
6.  The available DD Form 214 does not show the period of time he served in Korea.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows he served with Headquarters Battery 459th Antiaircraft Artillery, Automatic Weapons, Battalion.

7.  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.

8.  Army Regulation 600-8-22, does not list an Artillery Combat Badge award.

9.  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 evidence shows the applicant met the criteria for award of the Korean War Service Medal and the National Defense Service Medal.  Therefore, he is entitled to have his records corrected to show these awards on his DD Form 214, dated 22 December 1952.

2.  The Artillery Combat Badge is not listed in Army Regulation 600-8-22, therefore, he is not entitled to this award.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 December 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 December 1955.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___J____  __MDM _  __QAS __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:

	a.  showing his entitlement to the Korean War Service Medal and the National Defense Service Medal;

	b.  adding these awards to the list of awards already contained on his DD Form 214; and

	c.  providing him a correction to his separation document that includes these awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of an Artillery Combat Badge.  



      ____
                CHAIRPERSON




INDEX

CASE ID
AR20060009900
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.


ABCMR Record of Proceedings (cont)                                         AR20060009900


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508