RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012547 


	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 the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the Combat Infantryman Badge, and the United Nations Service Medal be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

2.  The applicant essentially states that his DD Form 214 does not reflect his award of these medals. 

3.  The applicant provides his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards) which essentially states that he is entitled to the above awards in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
16 February 1953, the date of his release from active duty.  The application submitted in this case is dated 25 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  

4.  The available records show that the applicant enlisted in the Regular Army on 26 June 1948, and served on active duty until he was honorably released from active duty on 17 June 1949.  He was then inducted into the Army of the United States on 28 February 1951.  He served in Korea during the Korean War, and was awarded the Purple Heart for being wounded as a result of hostile action on 15 September 1951.  He was honorably released from active duty on 
16 February 1953.  The DD Form 214 that was issued to him at the time of his release from active duty from the Armed Forces of the United States shows that he was awarded the Purple Heart, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge. 

5.  The applicant provided a DA Form 1577 that was prepared by the National Personnel Records Center, St. Louis, Missouri.  This document, which will only be referred to as the DA Form 1577 throughout the remainder of these proceedings, shows that the applicant is entitled to issue of the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.  It was noted that this document does not show that the applicant was awarded the Purple Heart, which is clearly shown on his DD Form 214.

6.  The DA Form 1577 shows that the applicant is entitled to issue of the Bronze Star Medal.  However, his DD Form 214 does not show that he was awarded this medal.  There are no orders or other evidence in the available records which show that the applicant was awarded the Bronze Star Medal; rather, it appears that this document incorrectly awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge during the Korean War.  

7.  The DA Form 1577 also shows that the applicant is entitled to issue of the Good Conduct Medal.  However, his DD Form 214 does not show that he was awarded this medal.  There is also no evidence in his military records which shows that his immediate commander, prior to the applicant’s release from active duty, made a positive recommendation for award of the Good Conduct Medal to the applicant, and that award of the Good Conduct Medal to him was announced in general orders.  Additionally, item 38 (Remarks) of the applicant’s DD Form 214 shows that he had 82 days of lost time during his service in the Army of the United States.  It was noted that the applicant’s prior service in the Regular Army was only for a period of 11 months and 20 days.

8.  The DA Form 1577 also shows that the applicant is entitled to issue of the National Defense Service Medal.  His DD Form 214 does not show that he was awarded this medal; however, it does show that he served on active duty from  28 February 1951 to 16 February 1953.  

9.  The DA Form 1577 also shows that the applicant is entitled to issue of the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.  However, his DD Form 214 already lists these awards.

10.  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.

11.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal and the United Nations Service Medal.  This document also shows that he had 10 months and 15 days of foreign and/or sea service.  However, his DD Form 214 does not show that he was awarded the Republic of Korea – Korean War Service Medal.

12.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-9 contains the regulatory guidance on the Korean Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  Table B-1 contains a list of Korean campaigns, and although the applicant’s exact dates of service in Korea are not known, it could be confirmed that he was in Korea on 15 September 1951 when he was wounded in action.  The applicant’s service in Korea on this date shows that he participated in the UN Summer-Fall Offensive campaign, which was from 9 July 1951 to 27 November 1951.  Also, as the applicant’s DD Form 214 shows that he had 10 months and 15 days of foreign and/or sea service, it is reasonable to presume that he also participated in either the CCF Spring Offensive campaign from 22 April 1951 to 
8 July 1951, or the Second Korean Winter campaign from 28 November 1951 to 
30 April 1952.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must have been meritorious and accomplished with distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation also provides, in pertinent part, that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the 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 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22 also 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.  

16.  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 the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the Combat Infantryman Badge, and the United Nations Service Medal should be added to his DD Form 214.
2.  While the DA Form 1577 stated that the applicant is entitled to issue of the Bronze Star Medal, there are no orders or other evidence in the available records, and the applicant failed to provide any evidence which shows that he was awarded the Bronze Star Medal.  It appears that the National Personnel Records Center incorrectly stated that the applicant was entitled to issue of the Bronze Star Medal based upon his award of the Combat Infantryman Badge during the Korean War.  However, the award of the Bronze Star Medal based upon award of the Combat Infantryman Badge was only authorized during World War II.  While it is the policy of this Board not to correct a record to reflect a change that will make the individual concerned worse off than before applying to the Board, the Board should not perpetuate this error by adding the Bronze Star Medal to his military records.  Therefore, the applicant is not entitled to correction of his military records to show the award of the Bronze Star Medal.  

3.  Also, although the DA Form 1577 also shows that the applicant is entitled to issue of the Good Conduct Medal, his DD Form 214 does not show that he was awarded this medal.  There is also no evidence in his military records which shows that his immediate commander, prior to the applicant’s release from active duty, made a positive recommendation for award of the Good Conduct Medal to the applicant, and that award of the Good Conduct Medal to him was announced in general orders.  Additionally, item 38 of the applicant’s DD Form 214 shows that he had 82 days of lost time during his service in the Army of the United States.  It was also noted that the applicant’s prior service in the Regular Army was not at least 1 year in duration, and therefore not eligible for award of the Good Conduct Medal for that period of service.  In view of the foregoing, the applicant is not entitled to award of the Good Conduct Medal.  

4.  Although the applicant’s DD Form 214 does not show that he was awarded the National Defense Service Medal, he served on active duty from 28 February 1951 to 16 February 1953.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show the award of the National Defense Service Medal.

5.  As the applicant’s DD Form 214 already shows the award of the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge, there is no basis for adding these awards to his military records.

6.  The applicant served in Korea during the Korean War, and his DD Form 214 shows that he served 10 months and 15 days of foreign and/or sea service during his service in the Army of the United States from 28 February 1951 to
16 February 1953.  Therefore, it is reasonable to presume that he spent 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korea 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.

7.  It could be confirmed that the applicant was in Korea on 15 September 1951,  when he was wounded in action.  The applicant’s service in Korea on this date shows that he participated in the UN Summer-Fall Offensive campaign, which was from 9 July 1951 to 27 November 1951.  Also, as the applicant’s DD Form 214 shows that he had 10 months and 15 days of foreign and/or sea service, it is reasonable to presume that he also participated in either the CCF Spring Offensive campaign from 22 April 1951 to 8 July 1951, or the Second Korean Winter campaign from 28 November 1951 to 30 April 1952.  As a result, it is also reasonable to presume that he participated in at least two campaigns during his tour in Korea during the Korean War.  Therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already-awarded Korean Service Medal.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 February 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
15 February 1956.  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 partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KW___  ___LD___  ___EF __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the National Defense Service Medal and the Republic of Korea – Korean War Service Medal, and by showing two bronze service stars to be affixed to his already-awarded Korean Service Medal.
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:

a.  awarding the Bronze Star Medal or the Good Conduct Medal to the applicant; and 

b.  showing the award of the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge, as they are already present in his military records.  




_____Kenneth Wright________
          CHAIRPERSON




INDEX

CASE ID
AR20060012547
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000
2.
107.0056.0000
3.
107.0069.0000
4.
107.0142.0000
5.
107.0070.0000
6.
107.0111.0000
7.
107.0085.0000
8.
110.0400.0000