RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060013674 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst
 
The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David Haasenritter

Member

Mr. John Heck

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) to show award of the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation (formerly known as the Distinguished Unit Citation until November 1966) with First Oak Leaf Cluster, the National Defense Service Medal, the Korean Service Medal with four bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, the “Croix de Guerre with Silver Star,” the Overseas Service Ribbon, and the Army Service Ribbon.   

2.  The applicant states that he is entitled to these awards but they are not on his DD Form 214.

3.  The applicant provides two applications; a copy of his DD Form 214; orders for the “Croix de Guerre with Silver Star; and a letter, dated 28 August 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 June 1953.  The application submitted in this case is dated 15 September 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

4.  The applicant enlisted on 30 June 1950.  He served as an infantryman in Korea and was honorably discharged on 29 June 1953.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the Purple Heart,  the Korean Service Medal with four bronze service stars, and the Distinguished Unit Citation with First Oak Leaf Cluster (currently known as the Presidential Unit Citation) as authorized awards.  Since the Purple Heart, the Presidential Unit Citation with First Oak Leaf Cluster, and the Korean Service Medal with four bronze service stars are shown on the applicant’s DD Form 214, this portion of the applicant’s requests will not be discussed further in these Proceedings.   

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

7.  In support of his claim for the “Croix de Guerre with Silver Star,” the applicant provided orders, dated 10 November 1951, from the French Ground Forces with the United Nations Organization in Korea.  These orders also state that the foreign award was awarded pending approval of the Government of the United States.  There is no evidence of record which shows the applicant was authorized to receive and wear this foreign award by Army officials. 

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  Army Regulation 600-8-22 provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel. Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records. 

12.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. 

13.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

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.  Since the applicant’s service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case.

2.  The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.

3.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  

4.  Although the applicant provided orders for the “Croix de Guerre with Silver Star,” there is no evidence of record which shows he was authorized to accept and wear this foreign award by Army officials.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this foreign award. 

5.  Since the applicant did not have an Active Army status on or after 1 August 1981, there is no basis for granting his requests for the Overseas Service Ribbon or the Army Service Ribbon.

6.  Records show the applicant should have discovered the alleged errors now under consideration on 29 June 1953; therefore, the time for the applicant to file a request for correction of any error expired on 28 June 1956.  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 

JS_____  __DH____  ___JH___  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 amending his DD Form 214 to add the National Defense Service Medal, the United Nations Service Medal, and the ROK-KWSM. 

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 the Good Conduct Medal, the “Croix de Guerre with Silver Star,” the Overseas Service Ribbon, and the Army Service Ribbon.



__John Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20060013674
SUFFIX

RECON

DATE BOARDED
20070419
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.