RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070010927 


	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. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Jerome Pionk

Member

Mr. Donald Steenfott

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 award of the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Navy Presidential Unit Citation, Navy Unit Commendation, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states that he was a member of the 2nd Infantry Division, 1st Battalion, 9th Infantry Regiment when the unit was awarded the commendations and/or citations.   

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty from the Armed Forces of the United States) and an excerpt from the Department of the Army Pamphlet 672-1. 

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 are not available to the ABCMR 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 for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show that the applicant was inducted into the Army and entered active duty on 25 October 1951.  The applicant’s DD Form 214 lists his most significant duty assignment as the 1745th, Company F, 9th Infantry Regiment.  The applicant was transferred to the Army Reserve on 18 August 1953.

4.  Item 26 “Foreign and/or Sea Service” of the applicant’s DD Form 214 shows that he served 1 year and 4 months overseas.  However, the dates of his service overseas are not annotated on this form.  Item 27 "Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized" lists the following awards:  Korean Service Medal with 2 bronze service stars, Combat Infantryman Badge, and the United Nations Service Medal.  

5.  The applicant provided an excerpt from the Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) that show the 9th Infantry Regiment was cited for the following awards:

	a.  Republic of Korea Presidential Unit Citation, from the period 
16 September 1950 to 26 October 1953;

	b.  Navy Presidential Unit Citation, from the period 21 April 1951 to
26 April 1951, 16 May 1951 to 30 June 1951, and 11 September 1951 to 
25 September 1951; and

	c.  Navy Unit Commendation from the period 11 August 1952 to 5 May 1953 and 7 July 1953 to 27 July 1953.

6.  Army Regulation 672-5-1(Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  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 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

7.  Army Regulation 672-5-1 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive.

8.  The applicant is entitled to an additional award which he did not request and is not listed on his DD Form 214.


9.  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.  There are no documents to show that the applicant received "excellent" conduct and efficiency ratings during the entire period of qualifying service for the award of the AGCM.  Therefore, in the absence of a positive recommendation by the applicant's immediate commander, he is not entitled to the award of the AGCM.

2.  The applicant met the eligibility requirements for award of the NDSM.  Therefore, he is entitled to this award and to have it added to his DD Form 214.   

3.  Although the applicant’s DD Form 214 shows his most significant duty assignment as the 9th Infantry Regiment, there is no documentation showing the period he served in this assignment.  Therefore, without assignment orders or a DA Form 20 (Enlisted Qualification Record) verifying that he was assigned to the 9th Infantry Regiment at the time the unit was awarded the Navy Unit Commendation or the Republic of Korea Presidential Unit Citation, there is an insufficient basis to approve his request.

4.  Additionally, the Navy Presidential Unit Citation was awarded to the 9th Infantry Regiment prior to the applicant’s entrance on active duty.  Therefore, he is not entitled to this award.

5.  The applicant met the eligibility requirements for award of the ROKWSM.  Therefore, he is entitled to this award and to have it added to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___WP__  __JP____  __DS ___  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 amending his DD Form 214 to show he was awarded the NDSM and the ROKWSM.

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 AGCM, Navy Presidential Unit Citation, Navy Unit Commendation, and the Republic of Korea Presidential Unit Citation.




	_____ William Powers________
          		CHAIRPERSON




INDEX

CASE ID
AR20070010927
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080110
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.