IN THE CASE OF:	   

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080002683 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal with four bronze service stars and in effect, the Republic of Korea Presidential Unit Citation.

2.  The applicant states, in effect, that these awards are missing from his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and his Certification of Military Service, dated 28 December 2007.

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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 1 December 1948.  He was honorably discharged on 1 December 1951 for the purpose of immediate reenlistment.  He was issued a Certification of Military Service for this period of service.  

4.  A Daily Sick Report of the 375th Chemical Smoke Generator Company for the period 23 March 1951 to 4 August 1951 shows the applicant was assigned to this unit in Korea during this period.

5.  The applicant reenlisted in the Regular Army on 2 December 1951 for a period of six years.  His DD Form 214 shows he entered active service in Pusan, Korea.  The specific dates he served in Korea is not available.  His DD Form 214 indicates he completed 3 years, 3 months, and 7 days of foreign service.  

6.  The applicant was discharged from active duty on 13 April 1954.  His DD Form 214 shows the Korean Service Medal, the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, and the United Nations Service Medal as authorized awards.

7.  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, at the time the applicant was assigned to the 375th Chemical Smoke Generator Company, this unit was cited for award of the Republic of Korea Presidential Unit Citation (ROK-PUC) by Department of the Army General Orders Number 33, dated 1953.  

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

9.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the Korean Service Medal with four bronze service stars be shown on his DD Form 214 is noted.  However, in the absence of evidence of record, such as Morning Reports or orders that would indicate when he arrived and departed Korea, it cannot be determined the specific dates the applicant served in Korea.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show the Korean Service Medal with four bronze service stars.  

2.  The Daily Sick Report of the 375th Chemical Smoke Generator Company shows the applicant was assigned to this unit during a period it was cited for award of the ROK-PUC.  Therefore, this foreign unit award should be added to his DD Form 214.

3.  The applicant completed a period of honorable service from 2 December 1951 through 13 April 1954 and served in Korea during this period.  Therefore, he met the eligibility criteria for award of the ROK-KWSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____xx__  ___xx___  ___xx___  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 adding the ROK-PUC and the ROK-KWSM to his DD Form 214.

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 Korean Service Medal with four bronze service stars.  




       _    __xxxx_   ___
       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)                                         AR20080007524





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ABCMR Record of Proceedings (cont)                                         AR20080007524



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