RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 July 2007
      DOCKET NUMBER:  AR20070002349


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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, medals that he is authorized.

2.  The applicant states, in effect, that his previous DD Form 214 (Report
of Separation from the Armed Forces of the United States) showed the wrong
unit of assignment; however, that has already been corrected.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD
Form 215 (Correction to DD Form 214, Certificate of Release or Discharge
from Active Duty) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 November 1952.  The application submitted in this case is
dated 5 February 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 available record show that he was inducted into the
Army of the United States on 20 November 1950 for a period of 2 years.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 1844 (Artillery).  The
highest grade he attained was Sergeant First Class (T).

4.  Item 26 (Foreign and/or Sea Service) of the applicant’s DD Form 214
shows that he served 5 months and 23 days overseas service and Item 5
(Original DD Form 214 is Corrected as Indicated Below) of his DD Form 215
shows that he was assigned to the B Battery, 58th Field Artillery
Battalion.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he received the Korean Service Medal with one bronze service star and
the United Nations Service Medal.
6.  A letter of appreciation signed by the commander, dated 8 October 1952,
from Headquarters, 58th Field Artillery Battalion, shows that the applicant
served as a member of that battalion for 5 months during the conflict in
Korea.

7.  On 14 November 1952, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months, and 25 days of active
military service.

8.  A review of the applicant’s records indicates entitlement to additional
awards and decorations not shown on this DD Form 214 or DD Form 215.

9.  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.

10.  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.

11.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant’s assignment to B Battery, 58th Field Artillery Battalion, it
was cited for award of the Bravery Gold Medal of Greece, by Department of
the Army General Orders Number 2, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to additional medals.

2.  Records show the applicant served a qualifying period of service for
award of the National Defense Service Medal.  Therefore, he is entitled to
correction of his records to show this award.

3.  Records show the applicant served a qualifying period of service for
award of the Republic of Korea - Korean War Service Medal.  Therefore, he
is entitled to correction of his records to show this award.

4.  Records show the applicant’s unit, B Battery, 58th Field Artillery
Battalion, was awarded the Bravery Gold Medal of Greece while he was
assigned to that unit.  Therefore, he is entitled to correction of his
records to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1952, the date of his
separation from active duty.  As a result, the time for the applicant to
file a request for correction of any error or injustice expired on 13
November 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:

___JRM _  ___TMR_  ___JCR _  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 by corrected by showing award of the National Defense
Service Medal, the Bravery Gold Medal for Greece, and the Republic of Korea
- Korean War Service, and by providing him a correction to his separation
document to reflect these changes.




                                 _Jeanette R. McCants__
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070002349                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/31                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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