RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2007
DOCKET NUMBER: AR20070006448
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he is authorized the Korean Service Medal with two bronze service stars, not one.
2. The applicant states, in effect, that his DD Form 214 should show he is authorized the Korean Service Medal with two bronze service stars.
3. The applicant provides his DD Form 214 for the period ending 30 June 1952 and a document showing the named campaigns from the Korean War.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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.
3. The applicants DD Form 214 for the period ending 30 June 1952 shows he was ordered to active duty from the National Guard on 1 September 1950. Item 38 (Remarks) of this DD Form 214 shows he served in Korea from 22 January 1952 to 2 June 1952. He was released from active duty on 30 June 1952.
4. The applicants DD Form 214 for the period ending 30 June 1952 shows he was awarded the Army of Occupation Medal with Japan clasp, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal. Appendix B shows that the Second Korean Winter campaign ran from 18 November 1951 through 30 April 1952 and the Korea, Summer-Fall 1952 campaign ran from 1 May through 30 November 1952.
6. Army Regulation 600-8-22 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.
7. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows:
(1) while on permanent assignment;
(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows that the applicant is eligible to wear two bronze service stars on his Korean Service Medal. His DD Form 214 should be amended to reflect this.
2. The available evidence of record also shows that the applicant meets the eligibility criteria for award of the National Defense Service Medal and the ROKWSM. These awards should be added to his DD Form 214.
BOARD VOTE:
__lds___ __swf___ __rsv___ 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 amending his DD Form 214 for the period ending 30 June 1952 to add the National Defense Service Medal and the ROKWSM and to show he is authorized to wear two bronze service stars on his already-awarded Korean Service Medal.
__Linda S. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20070006448
SUFFIX
RECON
DATE BOARDED
20071025
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.04
2.
3.
4.
5.
6.
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