IN THE CASE OF:	  

	BOARD DATE:	  01 July 2008

	DOCKET NUMBER:  AR20080006165 


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 31 March 1961 be corrected to show all of his awards, all of his overseas service and all of his military education. 

2.  The applicant states that all of his awards, overseas service and military education were not included on his DD Form 214 at the time of his retirement.

3.  The applicant provides a copy of his DD Form 214. 

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 born on 17 July 1921 and enlisted in the North Carolina Army National Guard on 28 December 1939.
3.  He entered active duty on 16 September 1940 and deployed to the European-African-Middle Eastern (EAME) theater of operations on 23 November 1943.  He was wounded on 15 June 1944, was captured by German forces in France on 7 August 1944 and was repatriated on 23 March 1945.  He returned to the United States on 20 April 1945 and was honorably discharged in the rank of sergeant at Fort Bragg, North Carolina, on 4 August 1945.  He was awarded the Combat Infantryman Badge (CIB), the Purple Heart, the Good Conduct Medal, the EAME Campaign Medal with two bronze service stars and the Distinguished Unit Badge.

4.  The applicant enlisted in the Regular Army on 22 October 1945 and continued to serve through a series of continuous reenlistments.  However, the available records do not contain copies of all of his reports of separation (DD Form 214). 

5.  On 31 March 1961, the applicant was honorably released from active duty at Fort Hamilton, New York, after being returned from Germany, and he was transferred to the Retired List effective 1 April 1961.  He had served 20 years, 4 months and 15 days of total active service.  His DD Form 214 reflects that he served 1 year, 10 months and 23 days of foreign service and that he had no decorations or military education during the period covered by the DD Form 214. 

6.  A review of the available records shows that the applicant is entitled to awards of the Bronze Star Medal, the Purple Heart, the CIB (2nd Award), the Good Conduct Medal (2nd Award), the Meritorious Unit Commendation, the American Defense Service Medal, the EAME Campaign Medal with one silver service star, the World War II Victory Medal, the Army of Occupation Medal with Germany and Japan clasp, the National Defense Service Medal with two bronze service stars, the Prisoner of War Medal, the Korean Service Medal with four bronze service stars, the United Nations Service Medal, the  Republic of Korea War Service Medal, and the Presidential Unit Citation (formerly the Distinguished Unit Badge/Emblem).

7.  The available records also show that the only overseas tour the applicant completed during his last period of service was in Germany and is reflected on his DD Form 214.  There is no indication that the applicant completed any military education courses or received any additional awards during his last period of service. 

8.  Special Regulation (SR) 615-360-1 (Discharge Procedures and Preparation of Separation Forms) served as the authority for the preparation of the DD Form 214 at the time.  It provides, in pertinent part, that only decorations and awards, overseas service and military education courses completed during the period covered by the DD Form 214 will be entered on that form at the time of separation.

9.  Army Regulation 635-5 serves as the current authority for the preparation of the DD Form 214.  It provides, in effect, that all decorations and awards authorized will be entered on the DD Form 214 at the time of separation.  That regulation also provides that DD Form 214 will no longer be issued unless there is a break in service of 1 day of more.  DD Form 214s are no longer issued for immediate reenlistments. 

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.  While it appears that the applicant’s DD Form 214 was properly prepared at the time of his retirement in regards to his decorations, awards, overseas service and military education, it appears that he has subsequently become eligible for award of the ROK-KWSM for his service in Korea during the Korean War.      

2.  Therefore, since that award has to be added to his last DD Form 214 and since the current regulation requires that all authorized decorations be included on the DD Form 214, it would be in the interest of justice to do so at this time. 

3.  Accordingly, his DD Form 214 dated 31 March 1961 should be corrected to reflect his awards of the Bronze Star Medal, the Purple Heart, the CIB (2nd Award), the Good Conduct Medal (2nd Award), the Meritorious Unit Commendation, the American Defense Service Medal, the EAME Campaign Medal with one silver service star, the World War II Victory Medal, the Army of Occupation Medal with Germany and Japan clasp, the National Defense Service Medal with two bronze service stars, the Prisoner of War Medal, the Korean Service Medal with four bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, and the Presidential Unit Citation.

4.  However, since it cannot be determined if the applicant attended any military education courses or had any other overseas service during his last period of service that is not reflected on his DD Form 214, there appears to be no basis to grant that portion of his request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 that he was awarded the Bronze Star Medal, the Purple Heart, the CIB (2nd Award), the Good Conduct Medal (2nd Award), the Meritorious Unit Commendation, the American Defense Service Medal, the EAME Campaign Medal with one silver service star, the World War II Victory Medal, the Army of Occupation Medal with Germany and Japan clasp, the National Defense Service Medal with two bronze service stars, the Prisoner of War Medal, the Korean Service Medal with four bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, and the 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 listing all of his overseas service and military education completed throughout the course of his career.



  
      ___        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)                                         AR20080006165





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ABCMR Record of Proceedings (cont)                                         AR20080006165



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