RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014691 


	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.


x
	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 report of separation (DD Form 214) dated 30 November 1952 be corrected to show his awards of the Korean Service Medal (KSM), the United Nations Service Medal (UNSM) the Army Occupation Medal with Japan Clasp, the Good Conduct Medal (GCMDL), the Presidential Unit Citation (PUC) and that he be issued all of his authorized awards.   

2.  The applicant states, in effect, that he was awarded the Korean Service Medal (KSM), the United Nations Service Medal (UNSM) the Army Occupation Medal with Japan Clasp, the Good Conduct Medal (GCMDL) and the Presidential Unit Citation (PUC); however, his DD Form 214 does not reflect those awards.  Additionally, he states that he was not issued any of his awards and desires to have them issued at this time.  He also states that he earned the PUC with the 4th Signal Battalion in Korea.  

3.  The applicant provides copies of three reports of separation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 November 1952.  The application submitted in this case is dated 10 October 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 was inducted in Pittsburgh, Pennsylvania on 14 March 1945 and after completing his training, he departed for the Pacific theater of operations (PTO) on 31 August 1945.  He arrived in Luzon, Philippine Islands on 20 September 1945 and was assigned to the 32nd Infantry Division.  He was promoted to the rank of Technician Fourth Class (TEC 4) on 2 February 1946.

4.  He departed Luzon on 9 October 1945 and was transferred to Japan on 14 October 1945.  On 2 May 1946, he was honorably discharged at Honshu, Japan, for the purpose of immediate reenlistment.  His separation document  (WD AGO Form 53-55) shows he was awarded the Asiatic-Pacific Theater Service Medal and the World War II (WWII) Victory Medal.  He reenlisted in the Regular Army on 3 May 1946, for a period of 18 months.  

5.  He departed Japan on 18 May 1946 and was transferred to the United States, where he remained until he was transferred back to Japan on 24 August 1946.  He was promoted to the rank of staff sergeant on 31 December 1946.  He remained in Japan until 14 August 1947, when he was transferred to Camp Stoneman, California.  His records also show he was authorized to wear the Army Occupation Medal with Japan Clasp.  On 14 October 1947, he was honorably discharged.

6.  He enlisted in the Enlisted Reserve Corps (ERC), now known as the United States Army Reserve and on 1 February 1948, was honorably discharged from the ERC for the purpose of enlisting in the Regular Army.  He enlisted in the Regular Army on 2 February 1948 for a period of 3 years.  He underwent training at Forts Dix and Monmouth in New Jersey and was transferred to Fort Bragg, North Carolina, for assignment to the 4th Signal Battalion.  On 28 December 1949, he was honorably discharged for the purpose of immediate reenlistment.

7.  On 29 December 1949, he reenlisted for an indefinite period of service.  He departed Seattle, Washington with his unit and was transferred to Japan on 2 September 1950.  He departed Japan on 11 September 1950 and was transferred to Inchon, Korea (arrived 16 September 1950).

8.  On 23 February 1951, the applicant was accidentally shot in the left leg by a comrade when a weapon accidentally discharged during cleaning at Andong, Korea.  On 20 March 1951, he was evacuated to Haneda, Air Force Base, Japan, then to Kelly Air Force Base, Texas, and then to Valley Forge Army Hospital, in Phoenixville, Pennsylvania, where he underwent a Physical Evaluation Board and was deemed to be disabled with a 40% disability rating.

9.  On 30 November 1952, he was retired by reason of permanent physical disability.  His DD Form 214 issued at the time of his separation shows that he was awarded the WWII Victory Medal and the Korean Service Medal.

10.  A review of his records shows that he was awarded the GCMDL on 8 March 1951, by General Orders Number 3, issued by the 4th Signal Battalion in Korea. 

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that the 4th Signal Battalion was awarded the Meritorious Unit Citation (MUC) by Department of the Army General Order 38-52 for the period of 16 September 1950 to 20 March 1951.  It also shows that the applicant participated in four campaigns while serving in Korea.  There is no indication that the applicant’s unit was awarded the PUC during the period he served with the unit.

12.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal (NDSM) 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

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

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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 service medal.

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 evidence of record clearly shows that the applicant was awarded the Asiatic-Pacific Theater Service Ribbon, the Army Occupation Medal with Japan Clasp and the GCMDL during his active service.  

2.  Additionally, the evidence of record also shows that he is entitled to be awarded the NDSM, the UNSM, the ROK-KWSM, the MUC and four bronze service stars to be worn on his already awarded KSM.  Accordingly, it would be in the interest of justice to correct his records at this time to show those awards and to issue him medal sets for those awards.    

3.  However, the evidence of record fails to show that the applicant’s unit was awarded the PUC during the period he served with the unit.  Therefore, absent such evidence, there appears to be no basis to award him the PUC at this time.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 November 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 November 1952.  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 

___x __  x___  _x___  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 showing on his DD Form 214 dated 30 November 1952, that in addition to the WWII Victory Medal and the KSM with four bronze service stars, he was awarded the Asiatic-Pacific Theater Service Ribbon, the Army Occupation Medal with Japan Clasp, the GCMDL, the NDSM, the UNSM, the ROK-KWSM, the MUC, and by issuing him medal sets for all of his awards.

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 PUC.  




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          CHAIRPERSON




INDEX

CASE ID
AR20060014691
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
(partial GRANT)
REVIEW AUTHORITY

ISSUES         1.110.0000
189/corr 214
2.107.0000
46/de
3.

4.

5.

6.