RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 July 2007 
	DOCKET NUMBER:  AR20070001398 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Mr. William F. Crain

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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), to show credit for two campaigns in Korea and completion of the Leaders Course.

2.  The applicant states that his DD Form 214 should show he earned the Korean Service Medal with two bronze service stars, and completion of the Leaders Course.  

3.  The applicant provides copies of his DD Form 214; a Certificate of Training, dated 13 July 1951; and a Report of Graduation from Basic Class Number 13, Leaders Course, dated 13 July 1951, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 January 1953, the date of his release from active duty.  The application submitted in this case is dated 5 January 2007.

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 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 to conduct a fair and impartial review of this case.  

4.  Records show the applicant was inducted into the Army of the United States on 30 January 1951.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 1821 (Supply Specialist).  


5.  The applicant's DD Form 214 shows he was honorably released from Active Federal Service on 28 January 1953.  The applicant's DD Form 214 shows he completed a total of 1 year, 11 months, and 29 days of creditable active military service with no time lost and the highest rank he attained while serving on active duty was sergeant.  

6.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows 8 months and 29 days of Foreign Service; however, there are no additional records which indicate when or where he served overseas.

7.  Item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was award of the Korean Service Medal with one bronze service star.  

8.  There are no orders in the available service record that show the applicant was awarded the Korean Service Medal with two bronze service stars.

9.  Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) of the applicant's DD Form 214 shows the entry "None."  The applicant's DD Form 214 does not list the Leaders Course, completed on 13 July 1951. 

10.  The applicant provided a Report of Graduation for the Leaders Course which shows he attended Basic Class Number 13, Headquarters, 25th Armored Engineer Battalion, 6th Armored Division, Fort Leonard Wood, Missouri.  This report also shows the applicant was an excellent student and that he completed an 8 week course of leadership instruction on 13 July 1951.

11.  The applicant provided a Certificate of Training which shows he successfully completed the Leaders Course on 13 July 1951.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, that item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Course Successfully Completed) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

14.  Army Regulation 600-8-22 (Military Awards) as amended 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, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

15.  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.

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 applicant contends that he is entitled to correction of his records to show credit for two campaigns for his service in Korea.  

2.  The applicant's DD Form 214 shows that he participated in one campaign during his service in the Korean War; however, absent evidence to the contrary there is no basis to grant the applicant's request for award of two bronze service stars to be affixed to his Korean Service Medal.  

3.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore, the applicant is entitled to the United Nations Service Medal and correction of his records to show this award.  

4.  Records show the applicant served a qualifying period for award of the 
ROK-KWSM.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant contends that his record should show he successfully completed the Leaders Course, Class 13, during the period 18 May 1951 through 13 July 1951, which is 40 hours of formal in-service training.  Based on the foregoing the applicant is entitled to have item 30 of his DD Form 214 corrected to show this course.  

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 January 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 January 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 

_JAM_ ___  _JEA_  ___WFC__   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 show award of the United Nations Service Medal, and the ROK-KWSM.  

2.  Item 30 of the applicant's DD Form 214 should also show the entry "Leaders Course, Class 13, 8 Weeks, July 1951." 

3.  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 service credit for two campaigns in Korea. 




James E. Anderholm_
          CHAIRPERSON




INDEX

CASE ID
AR20070001398
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1953/01/28
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
Partial GRANT 
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.