IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080005420 


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, in effect, that his DD Form 214 dated 16 November 1954 be corrected to reflect all of his authorized awards. 

2.  The applicant states, in effect, that at the time his DD Form 214 dated 
16 November 1954 was issued to him for his honorable release from active duty (REFRAD), all of his authorized awards were not included on that form.

3.  The applicant provides a copy of a command report for the 5th Cavalry Regiment, a letter from his congressional representative, documents related to claims to the Department of Veterans Affairs (VA), copies of his DD Forms 214 and documents from his records. 

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 was inducted in Camden, New Jersey on 25 October 1950.  He was initially transferred to Fort Dix, New Jersey for processing and then to Fort Campbell, Kentucky to undergo his training. 

3.  He completed his training and was transferred to Korea on 3 May 1951 for assignment to Company K, 5th Cavalry Regiment, 1st Cavalry Division.  He was awarded the Combat Infantryman Badge (CIB) on 26 July 1951 and was wounded (shell fragment wound to left thigh) on 6 September 1951, for which he was awarded the Purple Heart. 

4.  On 2 December 1951, he was convicted by a general court-martial of disobeying a lawful order from a superior commissioned officer and for disobeying a lawful order from his first sergeant.  He was sentenced to a forfeiture of all pay and allowances, confinement at hard labor for 12 years and a dishonorable discharge.  He was transferred to the United States Disciplinary Barracks (USDB) at Lompoc, California to serve his sentence.

5.  On 12 November 1952, he was dishonorably discharged pursuant to a general court-martial conviction.  His DD Form 214 issued at the time of his discharge reflects that he was awarded the Distinguished Unit Citation, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal and the Purple Heart.  Meanwhile, the applicant remained in confinement at the USDB, Lompoc, California.

6.  On 15 December 1953, orders were published at the USDB that released the applicant from confinement for restoration to duty.  The orders specified that the applicant would be enlisted in the Regular Army on 24 December 1953 for a period of 10 Months and 23 days.

7.  On 24 December 1953, the applicant enlisted in the Regular Army for a period of 10 months and 23 days and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) on 
16 November 1954 and was transferred to the Enlisted Reserve Corps to complete his service obligation of 8 years under the Universal Military Training and Service Act.  He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal (NDSM).

8.  Special Regulation (SR) 615-360-1 (Discharge Procedures and Preparation of Separation Forms) provided the instruction for completing the DD Form 214.  It provides, in pertinent part, that in block 27 of the DD Form 214, that all Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized would be entered on the DD Form 214.  For awards and decorations claimed by the individual Soldier that are not documented in the service record, a request for verification would be sent to the Office of the Adjutant General in Washington, D.C. 

9.  That regulation also directed that any subsequent changes or corrections to the DD Form 214 would be made by authorized personnel by the issuance of a DD Form 215 (Correction to DD Form 214).

10.  The Government of the Republic of Korea issued the Republic of Korea 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.  During the applicant’s initial period of service he was awarded the Distinguished Unit Citation, the CIB, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal and the Purple Heart.     

2.  However, at the time of the applicant’s REFRAD on 16 November 1954, only the award of the NDSM was reflected on his DD Form 214.  Therefore, since the regulation governing the preparation of the DD Form 214 did not restrict adding awards previously entered on a DD Form 214, all of the applicant’s awards should have been entered on his DD Form 214.  Accordingly, it would be in the interest of justice to do so at this time.   

3.  Additionally, the applicant has subsequently been entitled to be awarded the ROK-KWSM for his service in Korea.  Accordingly, that award should be awarded and added to his records at this time as well. 







BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the ROK-KWSM and by adding that award and his awards of the Distinguished Unit Citation, the CIB, the Korean Service Ribbon with one bronze service star, the United Nations Service Medal and the Purple Heart to his 
DD Form 214 dated 16 November 1954.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.
     





      ___        XXX                ___
                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)                                         AR20080005420



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005420



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1