RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060011231


	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.



	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 the Presidential Unit Citation be added to his DD Form 214 (Report of Separation From the Armed Forces of The United States).

2.  The applicant states he served in Korea with the 3rd Battalion, 180th Infantry Regiment, 45th Infantry Division during the period the unit was awarded the Presidential Unit Citation.

3.  The applicant provides:

	a.  His DD Form 214;

	b.  Copies of the 45th Division News for 2 and 3 February 1953 detailing the heroics of the 3rd Battalion, 180th Infantry, and the awarding of the Presidential Unit Citation;

	c.  Copy of an undated Honolulu Star Bulletin newspaper article about the Hawaiian members of the 180th Infantry Regiment who participated in the action resulting in award of the Presidential Unit Citation.  The applicant's name and photo accompany the article;

	d.  Copy of pertinent sections from The History of The United Nations Forces in The Korean War, Volume VI published by the Republic of Korea Ministry of National Defense; and

	e.  Copy of a legal name change document concerning the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 August 1953.  The application submitted in this case is dated 29 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 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 available for the Board to conduct a fair and impartial review of this case.

4.  The applicant was inducted into the Army of the United States on 29 November 1951.  He was trained in, awarded, and served in military occupational specialty (MOS) 1745 (Light Weapons Infantryman).  He served in Korea for 1 year and 3 days during the Korean War.  His unit of assignment was Company K, 3rd Battalion, 180th Infantry Regiment, 45th Infantry Division.  He was serving with his unit during the period 13-15 June 1952.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows the unit to which the applicant was assigned was cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 13-15 June 1962 by Department of the Army General Order Number 21, dated 1953.  It also shows that the unit was awarded the Republic of Korea Presidential Unit Citation for the period
10 December 1951 to 31 July 1953 by Department of the Army General Order Number 30, dated 1954.

6.  The applicant's DD Form 214 shows he was awarded the Combat Infantryman Badge, the United Nations Service Medal, the Bronze Star Medal, the Korean Service Medal with 2 bronze service stars, and 1 overseas service bar.  It also shows he was separated in the rank of Sergeant.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Regulations in effect at the time stated a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

	b.  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.

	c.  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 unit was awarded the Presidential Unit Citation for actions during 13-15 June 1952.  As a participant in the action for which the unit was cited, he is entitled to have this award added to his DD Form 214.

2.  The Government of the Republic of Korea awarded the applicant's unit the Republic of Korea Presidential Unit Citation for service encompassing his period of assignment.  This award should be added to his DD Form 214.

3.  The applicant served for 20 months.  He fought in combat and was awarded a Bronze Star Medal.  He also was promoted to Sergeant.  Although his records are not available to confirm his excellent conduct and efficiency, his rank and his Bronze Star Medal are testament to his good conduct, efficiency, and fidelity.  He should be awarded the Good Conduct Medal.

4.  The applicant served in Korea during the Korean War; he is entitled to the newly established Republic of Korea - Korean War Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 August 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired
27 August 1955.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__jcr___  __dkh___  __rdg___  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:

	a.  awarding him the Good Conduct Medal for the period 29 November 1951 to 28 August 1953; the National Defense Service Medal; the Presidential Unit Citation; the Republic of Korea Presidential Unit Citation; and the Republic of Korea - Korean War Service Medal; and

	b.  adding to his DD Form 214 the Good Conduct Medal; the National Defense Service Medal; the Presidential Unit Citation; the Republic of Korea Presidential Unit Citation; and the Republic of Korea - Korean War Service Medal.



						Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011231
SUFFIX

RECON

DATE BOARDED
20070208
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.