RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007254 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 her deceased husband's records, a former service member (FSM), to show awards of the Army Good Conduct Medal, the Korean Service Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, the Republic of Korea War Service Medal, and the Korea Defense Service Medal.

2.  The applicant states that her deceased husband earned those awards because he served in Korea with the 1st Infantry Division for a period of 1 year,
3 months, and 27 days.  She further adds that some of the awards did not exist during her husband's service and were recently approved.

3.  The applicant provided the following additional documentary evidence in support of her application:

	a.  the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 12 August 1954;

	b.  the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 August 1957;

	c.  the FSM's Certificate of Death; and

	d.  a picture of the FSM taken shortly after his discharge from the Army in Dress Uniform, displaying his awards and decorations.

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 FSM's complete 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, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214, dated 12 August 1954, shows he was inducted and entered the Army of the United States on 18 September 1953 at Fayetteville, Arkansas, in an unknown military occupational specialty (MOS).  This form also shows that he was assigned to Battery A, 198th Field Artillery Battalion, Fort Benning, Georgia, and that he did not serve overseas during this period of service.

4.  After completing 10 months and 25 days of military service, the FSM was discharged on 12 August 1954 and reenlisted immediately in the Regular Army on 13 August 1954, in the grade of specialist three/pay grade E-3.

5.  The FSM's DD Form 214, dated 12 August 1957, shows that he held MOS 111.00 (Light Weapons Infantryman) and that his last unit of assignment was Headquarters and Headquarters Company, 1st Battle Group, 18th Infantry.  The form further shows that the FSM was honorably discharged on 12 August 1957 and transferred to the U.S. Army Reserve Control group.

6.  The picture submitted by the applicant shows the FSM displaying the following on his dress uniform:

	a.  Specialist Three rank (which was then equivalent to pay grade E-4);

	b.  1st Infantry Division as unit of assignment; and

	c.  the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Joint Meritorious Unit Award.

6.  The FSM's DD Form 214, dated 12 August 1957, shows he completed 1 year, 3 months, and 27 days of foreign-service.  However, there is no evidence as to where his foreign service was completed. 



7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214, dated 12 August 1957, shows that the FSM was awarded the National Defense Service Medal.

8.  The Army Institute of Heredity traces the history of the 18th Infantry as follows: The 18th Infantry was constituted on 3 May 1861 in the Regular Army as the 1st Battalion, 18th Infantry.  It was further organized on 22 July 1861 at Camp Thomas, Ohio and then reorganized and re-designated on 21 September 1866 as the 18th Infantry.  It was consolidated in April 1869 with the 25th Infantry and consolidated unit designated as the 18th Infantry.  On 8 June 1917, it was assigned to the 1st Expeditionary Division (later re-designated as the 1st Infantry Division) in Korea.  The 18th Infantry was relieved on 15 February 1957 from assignment to the 1st Infantry Division and reorganized as a parent regiment under the Combat Arms Regimental System.  

9.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

10.  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 area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

	(2)  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)   be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)   wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)   participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

Only one award of the KDSM is authorized for any individual.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 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 award of the United Nations Service Medal.

13.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal 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.  

14.  Paragraph 9-21 of Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, the Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the units which were awarded the Republic of Korea Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her deceased husband is entitled to correction of his records to show awards and decorations for his service in Korea.

2.  Evidence of available record shows that the FSM was assigned to the 18th Infantry prior to his honorable release from active duty and that the 18th Infantry was a subordinate unit of the 1st Infantry Division, Korea.  Evidence of record further shows that the applicant did not serve overseas during the period 18 September 1953 through 12 August 1954.  He did, however, serve a period of
1 year, 3 months, and 27 days in Korea between 13 August 1954 and 12 August 1957.

3.  Evidence of record confirms that the applicant served honorably during the period 18 September 1953 through 12 August 1957.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show the first award of the Good Conduct Medal.

4.  The FSM's records show that he served in support of the defense of the Republic of Korea on unknown dates between 13 August 1953 and 12 August 1957.  Therefore, he is entitled to correction of his records to show award of the Korea Defense Service Medal.

5.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Since the FSM's service in Korea was between 13 August 1954 and 12 August 1957, the FSM, therefore, did not serve a qualifying period for award of the Korean Service Medal and is not entitled to this award.  

6.  The United Nations Service Medal is awarded for qualifying service in Korea or adjacent areas on behalf of the United Nations between 27 June 1950 and 27 July 1954.  Since the FSM's service in Korea was between 13 August 1954 and 12 August 1957, the FSM, therefore, did not serve a qualifying period for award of the Korean Service Medal and is not entitled to this award.  

7.  The Republic of Korea issued the Korea War Service Medal (ROKWSM).  Veterans who served between 25 June 1950 and 27 July 1953 qualify for award of the ROKWSM.  Since the FSM's service in Korea was between 13 August 1954 and 12 August 1957, the FSM, therefore, did not serve a qualifying period for award of the Republic of Korea War Service Medal and is not entitled to this award.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, does not show that the 18th Infantry was awarded the Republic of Korea Presidential Unit Citation.   Therefore, the FSM is not entitled to this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__js____  __jtm___  __dwt___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Good Conduct Medal and the Korea Defense Service Medal.

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 Korean Service Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal.



							John Slone
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007254
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.