RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060010665


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Roland Venable                |     |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 that his Report of Separation (DD Form 214) be
amended to reflect the correct spelling of his last name.  He also requests
that the Army Commendation Medal and the Korea Defense Service Medal be
included on his DD Form 214.

2.  The applicant states that his last name is misspelled on his DD Form
214, and that the Army Commendation Medal and the Korea Defense Service
Medal should be included on his DD Form 214.

3.  The applicant provides in support of his application, a copy of the
orders awarding him the Army Commendation Medal; a copy of his Honorable
Discharge Certificate; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1952.  The application submitted in this case is
dated 20 July 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from alternate sources.

4.  On 13 October 1950, the applicant was inducted into the Army in
Cleveland, Ohio, and he successfully completed his training as an
infantryman.

5.  Orders were published on 10 March 1952, awarding the applicant the Army
Commendation Medal for the period covering 15 October 1951 to 17 February
1952.  The orders show that he was in Korea assigned to Company K,
32nd Infantry.

6.  The applicant was honorably released from active duty (REFRAD) on 15
July 1952, in the pay grade of E-5 and he was transferred to an enlisted
Reserve component.

7.  The DD Form 214 that he was furnished at the time of his REFRAD
indicates that he was awarded the Combat Infantryman Badge and the
Distinguished Unit Citation.  Moreover, according to all of the
documentation, including his Honorable Discharge Certificate, the seventh
letter "c" in his last name is missing in his last name on his DD Form 214.
 However, according to the dates that he served in Korea, he is not
entitlement to the Korea Defense Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) states that the Korea
Defense Service Medal is authorized for award to members of the Armed
Forces of the United States who have served on active duty in support of
the defense of the Republic of Korea.  The period of eligibility is 28 July
1954 to a date to be determined by the Secretary of Defense.

9.  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.

10.  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.

11.  Army Regulation 672-5-1 provides 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,
inclusive.  This regulation also provides that to signify a second award of
the National Defense Service Medal a bronze service star will be worn on
the service ribbon.



12.  Army Regulation 600-8-22 also 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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows that the applicant
was assigned to a unit which was awarded the Republic of Korea Presidential
Unit Citation by Department of the Army General Order Number 22-56.

DISCUSSION AND CONCLUSIONS:

1.  The available records fail to substantiate the applicant entitlement to
the award of the Korea Defense Service Medal as he was not in Korea during
the period of eligibility.

2.  However, the records do show that he was awarded the Army Commendation
Medal and that it was erroneously omitted from his DD Form 214.  His
records also show that he is entitled to the United Nations Service Medal,
the Korean Service Medal, the Republic of Korea-Korean War Service Medal,
the National Defense Service Medal, and the Republic of Korea Presidential
Unit Citation.

3.  Additionally, the applicant's last name was misspelled during the
preparation of his DD Form 214 by omitting the seventh letter "c" and it
would be appropriate to correct the misspelling.

4.  In view of the foregoing, it would now be appropriate to correct the
applicant's records and recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 July 1955.  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

__JA____  ___SF __  ___RV __  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:

      a.)  awarding him the United Nations Service Medal, the Korean
Service Medal, the Republic of Korea-Korean War Service Medal, the National
Defense Service Medal, and the Republic of Korea Presidential Unit
Citation;

      b.)  amending his DD Form 214 to show his entitlement to the Army
Commendation Medal, United Nations Service Medal, the Korean Service Medal,
the Republic of Korea-Korean War Service Medal, the National Defense
Service Medal, and the Republic of Korea Presidential Unit Citation; and

      c.)  amending his DD Form 214 to add a "c" as the seventh letter in
his last name, thereby correcting the spelling of his last name.

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 Korea Defense Service Medal.




                            ____James Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010665                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  66                  |107.0020/ARCOM                          |
|3.  102                 |107.0056/AGCM                           |
|4.  116                 |107.0070/KSM                            |
|5.  132                 |107.0086/UNSM                           |
|6.                      |                                        |


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