IN THE CASE OF:	  

		BOARD DATE:	 24 September 2008 

		DOCKET NUMBER:  AR20080006793 


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 DD Form 214 dated 31 August 1969 be corrected to reflect all of his authorized awards, including the Army Commendation Medal (ARCOM) he received at the time of his retirement and that all of his foreign service be added as well. 

2.  The applicant states that he is currently rated 100% disabled by the Department of Veterans Affairs (VA) and he was recently challenged by the Veterans of Foreign Wars (VFW) as to his eligibility because his DD Form 214 does not reflect his combat service or his awards.  

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 9 August 1932 and enlisted in Charlotte, North Carolina on 25 August 1949.  He completed his basic combat training at Fort Jackson, South Carolina and was transferred to Fort Hood, Texas for training as an armor crewman.  

3.  On 3 August 1950, he was transferred to Korea for assignment to Company A, 72nd Tank Battalion.  He was advanced to the pay grade of E-3 on 28 August 1950 and to the rank of corporal on 1 May 1951.

4.  Although not explained in the available records, he was transferred to Fort Jackson as a patient on 15 July 1951 and remained at Fort Jackson until
5 November 1951, when he was transferred to Fort Polk, Louisiana.  He was promoted to the pay grade of E-5 on 18 January 1952 and on 19 September 1952, he reenlisted for a period of 6 years.

5.  He remained on active duty through a series of continuous reenlistments and his records reflect that he served 11 months in Korea from August 1950 through June 1951, 42 months in England from February 1953 through August 1956, and 12 months in Korea from August 1962 through August 1963.  His total foreign service was 5 years and 5 months.

6.  The applicant was promoted to the rank of sergeant major on 14 July 1965, while stationed at Fort Sheridan, Illinois and on 31 August 1969, he was honorably released from active duty (REFRAD) and was placed on the Retired List effective 1 September 1969.  He had served 20 years and 6 days of total active service and his DD Form 214 reflects that he was awarded the Good Conduct Medal (6th Award) and the National Defense Service Medal with 1 Oak Leaf Cluster during his last enlistment.  There is no evidence that he received the ARCOM upon his retirement.

7.  The applicant’s official records show that during his 20-year career, he was awarded, in addition to the awards already reflected on his DD Form 214, the Korean Service Medal (KSM) with four bronze service stars, the United Nations Service Medal (UNSM), the Republic of Korea Presidential Unit Citation (ROKPUC), and the Distinguished Unit Citation (DUC) with two oak leaf clusters.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that all foreign service performed for a period of 30 days or more and awards and decorations authorized the individual concerned will be entered on the DD Form 214.  
  


9.  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. 

10.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  Only one award of the KDSM is authorized for any individual.

11.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 issued at the time he was placed on the Retired List makes no mention of any foreign service and does not reflect all of his authorized decorations and awards.  

2.  Therefore, it appears that it would be in the interest of justice to correct his
DD Form 214 to reflect that he served 5 years and 5 months of foreign service and that he was awarded the Korean Service Medal (KSM) with four bronze service stars, the United Nations Service Medal (UNSM), the Republic of Korea Presidential Unit Citation (ROKPUC), and the Distinguished Unit Citation (DUC) with two oak leaf clusters.

3.  Evidence also shows that the applicant met the eligibility criterion for award of the ROKWSM and the KDSM based on his two tours of duty in Korea during his tenure of service.  Therefore, his records should be corrected to show these two awards.

4.  While the sincerity of the applicant’s claim that he was awarded the ARCOM at his retirement is not in doubt, the available records do not contain that award and he has not provided evidence to support his claim.  Accordingly, there is insufficient evidence to enter the award of the ARCOM on his records at this time.

5.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.

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 that he served 5 years and 5 months of foreign service and that he was awarded the Korean Service Medal (KSM) with four bronze service stars, the United Nations Service Medal (UNSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Distinguished Unit Citation (DUC) with two oak leaf clusters, the Republic of Korea War Service Medal (ROKWSM), and the Korea Defense Service Medal (KDSM).


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 adding the award of the ARCOM to his records. 

3.  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.



      _________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)                                         AR20080006793



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ABCMR Record of Proceedings (cont)                                         AR20080006793



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