RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070014946 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 correction of his records to show award of the Bronze Star Medal, the Republic of Korea Presidential Unit Citation, and the Korean War Service Medal.

2.  The applicant states, in effect, that he served 11 months in North Korea and feels he has earned and deserves the Bronze Star Medal.   

3.  The applicant provides a memorandum from the National Personnel Records Center, St. Louis, Missouri, dated 6 June 2005.

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 requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence of the procedures for applying for the decoration under section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  The applicant’s 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 applicant’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and a citation for award of the Commendation Ribbon with metal pendant from Headquarters, Eighth United States Army, Korea (EUSAK).  

4.  The applicant's DD Form 214 shows he enlisted on 19 September 1950.  He served overseas for a period of 2 years, 6 months, and 15 days.  He was honorably separated on 9 September 1954 after completing 3 years, 
11 months, and 21 days of creditable active service.

5.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign Ribbons or Authorized) shows he was awarded the Korean Service Ribbon with three bronze service stars, the Commendation Ribbon with metal pendant, the National Defense Service Medal, the United Nations Service Medal, and the Army of Occupation Medal.

6.  The applicant's records contain a citation for award of the Commendation Ribbon with metal pendant for meritorious service from Headquarters, EUSAK.  The citation shows that the applicant was assigned to the 19th Ordnance Medium Maintenance Company during the period 13 December 1951 through 
10 July 1952. 

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows that, at the time of the applicant’s assignment to the 19th Ordnance Medium Maintenance Company, it was awarded the Republic of Korea Presidential Unit Citation for the period 19 September 1950 through 
31 July 1952 based on Headquarters, Department of the Army General Orders Number 41, dated 1955.

8.  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 applicant met the eligibility criteria for award of the Republic of Korea War Service Medal.  His DD Form 214 should be amended to add this award.
2.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation.  His DD Form 214 should be amended to add this award.

BOARD VOTE:

__LDS __  __ECP __  ___DLL _  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 amending his DD Form 214 in item 27 to add the Republic of Korea War Service Medal and the Republic of Korea Presidential Unit Citation.




	____ Linda D. Simmons __
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.