RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070006429


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that he be issued the Korean Service
Medal with three bronze service stars, and awarded the United Nations
Service Medal with as many stars as he is authorized.

2.  The applicant states, in effect, that he was not aware the medals could
be issued.

3.  The applicant submitted a copy of his DD Form 214, Report of Separation
from the Armed Forces of the United States, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also
allows the Army Board for Correction of Military Records (ABCMR) to
excuse an applicant’s failure to timely file within the 3-year statute of
limitations if the ABCMR determines it would be in the interest of
justice to do so.  While it appears the applicant did not file within the
time frame provided in the statute of limitations, the ABCMR has elected
to conduct a substantive review of this case and, only to the extent
relief, if any, is granted, has determined it is in the interest of
justice to excuse the applicant’s failure to timely file.  In all other
respects, there are insufficient bases to waive the statute of
limitations for timely filing.

2.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed records and from alternate sources.

3.  The applicant's military records show he was a member of the Enlisted
Reserve Corps and was ordered to active duty and entered active duty on
25 November 1950.  At the time of his entry on active duty the applicant
had 5 years, 7 months, and 20 days prior active duty and other Reserve
service.

4.  The applicant was honorably released from active duty and transferred
to the Enlisted Reserve Corps in the rank of Corporal, on 19 November 1951,
under the provisions of Service Regulation 615-363-5.  On the date of his
release from active duty, the applicant had completed 11 months and 25 days
active military service.

5.  The applicant's DD Form 214 shows he was awarded the Korean Service
Medal with two bronze service stars, and one overseas service bar.  No
other awards or decoration are shown on the applicant's DD Form 214.

6.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows the applicant served 9 months and 15 days foreign service in Korea.

7.  Item 28 (Most Significant Duty Assignment), of the applicant's DD Form
214 shows his most significant assignment was Headquarters Battery, IX
Corps Artillery.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows the unit the
applicant was assigned to, Headquarters Battery, IX Corps Artillery, was
awarded the Republic of Korea Presidential Unit Citation, for the period
19 September 1950 through 31 July 1952, by Department of the Army General
Order (DAGO) Number 41, dated 1955.  The Korean government awards the
Republic of Korea Presidential Unit Citation.

9.  Army Regulation (AR) 600-8-22 provides, in pertinent part, 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.  AR 600-8-22 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 the United Nations Service Medal.
 This award is made without stars or other appurtenances.

11.  The Government of the Republic of Korea issued the Republic of Korea
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 War Service Medal.  To qualify for award of
the Republic of Korea 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.

12.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty during one of the
recognized periods for award of the National Defense Service Medal.  He is
therefore entitled to award of the National Defense Service Medal and to
have this award added to his DD Form 214.

2.  The evidence shows the applicant served in Korea between 27 June 1950
and 27 July 1954, during the Korean War.  He was awarded the Korean Service
Medal and he therefore met the criteria for award of the United Nations
Service Medal.  He is therefore entitled to award of the United Nations
Service Medal and to have this award added to his DD Form 214.

3.  The applicant is a veteran of the Korean War who served in Korea.  The
Government of the Republic of Korea issued the Republic of Korea 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 applicant is therefore entitled to award of the
Republic of Korea War Service Medal and to have this award added to his DD
Form 214.

4.  The applicant served in a unit, which was awarded the Republic of Korea
Presidential Unit Citation while he was a member of the unit.  This unit
award is not shown on his DD Form 214.  He is entitled to this unit award
and to have it added to his DD Form 214.
BOARD VOTE:

__RTD__  __CD ___  __EM ___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding the applicant the National Defense Service Medal, the
United Nations Service Medal, and the Republic of Korea War Service Medal
and adding these awards to the applicant's DD Form 214; and

      b.  awarding the applicant the Republic of Korea Presidential Unit
Citation, and adding this unit award to his DD Form 214.




                            ____Richard T. Dunbar______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070006429                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0142                                |
|3.                      |107.0085                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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