RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060013913 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Pau

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

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, in effect, award of the Good Conduct Medal, National Defense Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and Republic of Korea Korean War Service Medal.

2.  The applicant states, in effect, that these medals are not recorded on his discharge document; however, they were issued to him subsequent to his military service.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 14 March 1953; DA Form 1577 (Authorization for Issuance of Awards), dated 17 April 2002; two letters from the Congress of the United States, House of Representatives, Washington, DC, dated 27 October 2003 and 12 December 2003; and a printout from the Military Museum website, 40th Infantry Division webpage, dated
9 February 2003, showing the Republic of Korea Presidential Unit Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 March 1953, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 20 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 service 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's DD Form 214, with an effective date of 14 March 1953, shows that he was inducted into the U.S. Army on 19 June 1951 and awarded military occupational specialty (MOS) 1745 (Infantryman).  This document also shows the applicant completed the Battle Indoctrination Course, 101st Airborne Division in January 1952.  This document further shows that the applicant completed
11 months and 20 days of foreign service and was honorably REFRAD, prior to his expiration of term of service (PETS), on 14 March 1953 after completing
1 year, 8 months, and 26 days net active service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Korean Service Medal with 2 bronze service stars, Combat Infantryman Badge, and 1 Overseas Service Bar.

6.  Review of the applicant's available military service records reveals that he may be entitled to additional awards which are not shown on his DD Form 214.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns and their inclusive dates for the Korean Conflict.  This document shows, in pertinent part, the Second Korean Winter campaign from 28 November 1951 to 30 April 1952, Korean Summer-Fall 1952 campaign from 1 May 1952 to 30 November 1952, and Third Korean Winter campaign from 1 December 1952 to 30 April 1953.

8.  The applicant's available military service records contain 2 DA Forms 1577, dated 28 June 201 and 17 April 2002, issued by the Army Reference Branch, National Personnel Records Center (Military Personnel Records), St. Louis, Missouri.  These documents show, in pertinent part, that the applicant was authorized and issued the Korean Service Medal with 3 bronze service stars, Combat Infantryman Badge, United Nations, Service Medal, Good Conduct Medal, and National Defense Service Medal.

9.  Army Regulation 672-5-1 (Military Awards), 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 and there must have been no convictions by court-martial.  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.

10.  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.

11.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.

13.  Paragraph 9-12 of Army Regulation 600-8-22 contains guidance on the United Nations Service Medal.  It states, in pertinent part, those members who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea are eligible for the award.  It further specifies that personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows that, at the time of the applicant's assignment to Company F, 160th Infantry Regiment (Korea), the unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 11 July 1952 to 1 October 1953 by Department of the Army, General Orders Number
24 (1954).

 15.  The Government of the Republic of Korea issued the Korean War Service Medal 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 Republic of Korea Korean War Service Medal.  To qualify for award of the Republic of Korea Korean War Service Medal, 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, in effect, that his records should be corrected to show award of the Good Conduct Medal, National Defense Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and Republic of Korea Korean War Service Medal because they were issued to him subsequent to his military service.

2.  The evidence of record shows that the Army Reference Branch, National Personnel Records Center (Military Personnel Records), St. Louis, Missouri, in pertinent part, authorized and issued the applicant the Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 3 bronze service stars, and United Nations Service Medal.

3.  The evidence of records confirms that the applicant qualified for the first award of the Good Conduct Medal for the period 19 June 1951 through 14 March 1953 based upon completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence in his available records shows that the applicant served honorably in active service during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to have his records corrected to show this service medal.

5.  The evidence further shows that the applicant served a total of 1 year,
8 months, and 26 days on active duty in the Army, from 19 June 1951 through
14 March 1953.  This period of active duty service equates to approximately
21 months.  The evidence of record also shows that the applicant served in the continental United States (CONUS) from June 1951 to January 1952
(i.e., approximately 8 months).  The evidence or record further shows that he served nearly 12 months overseas in Korea and that he was returned to CONUS PETS for separation in March 1953.  Thus, it can be determined that the applicant served nearly 1 year in Korea sometime between February 1952 and March 1953.  Based on the evidence of record and in view of the foregoing, it can also be determined that during the applicant's almost 12 months of service with the 160th Infantry Regiment in Korea, he participated in 3 campaigns during the Korean Conflict.  Therefore, the applicant is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Korean Service Medal.


6.  The applicant's DD Form 214 shows award of the Korean Service Medal; however, it does not show award of the United Nations Service Medal.  In accordance with Army regulation, he is entitled to award of the United Nations Service Medal based on award of the Korean Service Medal.  Therefore, his records should be corrected to show award of this service medal.

7.  General Orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  The evidence also shows that the applicant is entitled to the Republic of Korea Korean War Service Medal.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 March 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
13 March 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 award of the Good Conduct Medal.

BOARD VOTE:

___PMS _  ___DKH_  ___EEM_  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 available Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 19 June 1951 through
14 March 1953;

	b.  correcting his DD Form 214 to delete the Korean Service Medal with
2 bronze service stars; and

	c.  correcting his DD Form 214 to add the Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and Republic of Korea Korean War Service Medal.




______Paul M. Smith______
          CHAIRPERSON




INDEX

CASE ID
AR20060013913
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/01
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19530314
DISCHARGE AUTHORITY
AR 615-363-5
DISCHARGE REASON
PETS, Transferred to Enlisted Reserve Comp.
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0056.0000
2.
107.0069.0000
3.
107.0085.0000
4.
107.0092.0000
5.
107.0142.0000
6.