RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060012291 


	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, in effect, that his military records be corrected to show all medals, ribbons, and citations that he is entitled to. 

2.  The applicant essentially states that the Bronze Star Medal should be included in the awards that he is entitled to. 

3.  The applicant provides a letter, dated 18 August 2006, from the Cayuga County, New York Veterans Service Agency; a VA Form 21-4138 (Statement in Support of Claim) with two newspaper articles showing that he was awarded the Bronze Star Medal; and a letter, dated 10 February 2006, from the Army Review Boards Agency Support Division, St. Louis, Missouri in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 12 May 1954, the date of his release from active duty.  The application submitted in this case is dated 27 January 2006; however, it was not received until
30 August 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.  Although the applicant provided two newspaper articles which show that he was awarded the Bronze Star Medal, there are no orders or other evidence authorizing award of 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, the Bronze Star Medal will not be discussed further in this Record of Proceedings.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214 (Report of Separation From the Armed Forces of the United States).

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, the applicant served 1 year, 11 months, and 16 days of continuous active duty from 27 May 1952 to 12 May 1954, and there is no derogatory information in the applicant’s records which could be a disqualifying factor in awarding the Good Conduct Medal for this period of service.

6.  The applicant was awarded the Korean Service Medal with Two Bronze Service Stars, and his DD Form 214 shows he served 1 year, 3 months, and 
1 day of foreign and/or sea service.  Therefore, it is reasonable to presume that he served at least 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

8.  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 contends that his military records should be corrected to show all medals, ribbons, and citations that he is entitled to. 

2.  The applicant served 1 year, 11 months, and 16 days of continuous enlisted active duty service from 27 May 1952 to 12 May 1954, and there is no derogatory information in the available records which would preclude him from being awarded the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 27 May 1952 to 12 May 1954, and correction of his military records to show the award of the Good Conduct Medal.

3.  As the applicant was awarded the Korean Service Medal with Two Bronze Service Stars, and served 1 year, 3 months, and 1 day of foreign and/or sea service, it is reasonable to presume that the applicant served more than 30 consecutive days during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea - Korean War Service Medal, and correction of his military records to show this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 May 1954; therefore, the time for him to file a request for correction of any error or injustice expired on 11 May 1957.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.

BOARD VOTE:

___CG__  __MF  ___  ___EM__  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.  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 27 May 1952 to 12 May 1954 while serving as a sergeant first class; and


b.  awarding him the Republic of Korea – Korean War Service Medal.




_____Curtis Greenway________
          CHAIRPERSON




INDEX

CASE ID
AR20060012291
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070412
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000
2.
107.0056.0000
3.
107.0142.0000
4.
110.0400.0000
5.

6.