RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20060017709


      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.

|     |Ms. Catherine C. Mitrano.         |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 Korean Defense Service
Medal (KDSM).

2.  The applicant states, in effect, he served in Korea from November 1953
through November 1954 and he believes this entitles him to the KDSM.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 May 1955, the date of his separation.  The application
submitted in this case is dated 3 November 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's DD Form 214.

4.  The applicant's separation document shows he was inducted into the Army
and entered active duty on 2 June 1953.  It also shows he completed a total
of
1 year, 11 months and 1 day of active military service and that he served
overseas for 11 months and 15 days.  The DD Form 214 also confirms that he
earned the National Defense Service Medal, Korean Service Medal, United
Nations Service Medal, and Army Good Conduct Medal during his active duty
tenure.

5.  The applicant's DD Form 214 also confirms he was honorably separated,
in the rank of corporal, on 2 May 1955, and that his most significant duty
assignment was the 622nd Engineer Aviation Maintenance Company in Korea.

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-20 contains guidance on the KDSM, which was authorized
by Section 543, National Defense Authorization Act, 2003.  This award is
authorized for service in the defense of the Republic of Korea for 30
consecutive or 60 non-consecutive days during the period 28 July 1954 to a
date to be determined.

7.  Paragraph 9-21 of the awards regulation contains guidance on the
Republic of Korea Presidential Unit Citation, which is issued by the
government of South Korea to Korean and foreign military units.  The last
major issuance of the decoration was during the Korean War when the
decoration was bestowed to several United States, United Kingdom and
Commonwealth military units.  By order of the Korean government, the award
was also retroactively authorized to every unit of the United States Army
which had deployed to Korea between 1950 and 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the KDSM based on his service
in Korea from November 1953 through November 1954 was carefully considered
and found to have merit.

2.  Although the evidence of record does specifically identify the dates of
the applicant's service in Korea, it is reasonable to accept the period of
service given by the applicant given the evidence confirms that out of his
total active military service of 1 year, 11 months and 1 day, he served 11
months and 15 days of this period overseas.  Further, his separation
document lists him most significant unit as one that was in Korea and it
shows he earned both the KSM and UNSM for service in Korea during the
period between 27 June 1950 and 27 July 1954.

3.  By regulation, the KDSM is authorized to members who service in Korea
for 30 consecutive or 60 non-consecutive days during the period 28 July
1954 to a date to be determined.  Therefore, given it is reasonable to
conclude the applicant completed 30 consecutive days of service in Korea
subsequent to
28 July 1954, it would appropriate and serve the interest of justice to add
this award to his record and separation document at this time.

4.  The evidence of record also confirms that the Republic of Korea
Presidential Unit Citation was retroactively awarded to all United States
Army units that served in Korea between 1950 and 1954.  Therefore, given
the applicant served with the 622nd Engineer Aviation Maintenance Company
in Korea during this period, it would also be appropriate to add this award
to his record at this time.

BOARD VOTE:

___MKP_  __RDG__  _RCH___  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 Department of the Army records of the
individual concerned be corrected by showing his entitlement to the Korean
Defense Service Medal and Republic of Korea Presidential Unit Citation; and
by providing him a correction to his separation document that includes
these changes.




                            _____Margaret K. Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017709                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1955/05/02                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |Rel to Res Unit                         |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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