IN THE CASE OF:	  

	BOARD DATE:	  3 JUNE 2008

	DOCKET NUMBER:  AR20080000707 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show the award of the Army Good Conduct Medal.  Also, he requests, in effect, the award of the Republic of Korea Presidential Unit Citation.

2.  The applicant states, in effect, the Army Good Conduct Medal should be added to his separation document (DD Form 214), because he served in the Republic of Korea and Japan.  Also, he served 4 to 5 months at the United States Military Academy at West Point as an Assistant Mess Steward at the hospital mess hall [dining facility], and supervised the diets in the kitchens.  He would like to leave behind a memorable military display for his son.  He would like to have an address to request for a 21st Regimental Pin.

3.  The applicant provides a copy of his DD Form 214; Certificate of Honorable Discharge from the Armed Forces of the United States of America; Letter of Commendation, dated 23 June 1953; Headquarters, 721st Transportation Battalion (Railway Operating) Special Orders Number 2, dated 16 February 1954; DA Form 1380 (Certificate of Individual Performance of Reserve Duty); and a personal letter, dated 4 April 2008.

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 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 to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed military personnel record shows he was inducted into the Army of the United States on 27 October 1950.  He completed the necessary training and was awarded the military occupational specialty  
1824 (Mess Sergeant).

4.  The applicant's DD Form 214 shows he was honorably released from active duty and transferred to the Enlisted Reserve Corps on 28 July 1952.  He completed a total of 1 year, 9 months, and 2 days of Net Service Completed for Pay Purposes.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD form 214 shows the awards of the Combat Infantryman Badge "Par 3 SO 97 Hq 21st Inf Regt dtd  
24 Apr 51," Korea Service Medal with 2 bronze service stars, and the United Nations Service Medal.  However, it does not show the awards of the Army Good Conduct Medal and the Republic of Korea Presidential Unit Citation.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, Headquarters, 21st Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1 January 1951 to 30 April 1954 by Department of the Army General Orders Number 82-54.

7.  Army Regulation 672-5-1, 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.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 27 of his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) as amended 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.  

10.  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.

11.  The applicant asked for an address so that he may request for a  
21st Regimental Pin.  Commemorative medals and pins are normally minted through private organizations.  The applicant may obtain information through the veteran organizations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the awards of the Army Good Conduct Medal and the Republic of Korea Presidential Unit Citation.

2.  There is insufficient evidence in the applicant's reconstructed personnel record to verify the applicant's eligibility for the Army Good Conduct Medal.  

3.  Although the applicant submitted his DD Form 214 and Certificate of Honorable Discharge to show that he separated honorably from the Army his personnel record does not show his conduct and efficiency ratings as "excellent" for the entire period of qualifying service.  As such, there is insufficient evidence to award the Army Good Conduct Medal.

4.  Evidence of record shows the applicant is authorized the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record shows the applicant is authorized the Republic of Korea War Service Medal.  While the exact dates of the applicant's assignment to Korea is unknown, from his dates of service, it would be reasonable to conclude that he is also entitled to the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign awards.

6.  The applicant was provided information to request the 21st Regimental Pin.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  ___X____  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 showing the awards of the National Defense Service Medal, Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation.

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 the Army Good Conduct Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________X______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000707



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080000707



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1