IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007756 


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 be corrected to reflect his awards of the Korea Defense Service Medal (KDSM), the Korean Service Medal, the Republic of Korea Presidential Unit Citation, the “50th Anniversary Korean Commemorative Medal,” the “United Nations Military Commemorative Medal,“ the “Honorable Service Commemorative Medal”, the “Cold War Victory Commemorative Medal,” the “Overseas Service Commemorative Medal,” the Armed Forces Reserve Medal (AFRM), the “Presidential Citation Medal”, the Good Conduct Medal (GCMDL), and the National Defense Service Medal (NDSM).  

2.  The applicant states, in effect, that he desires all of his authorized awards to be added to his DD Form 214. 

3.  The applicant provides a list of medal to which he believes he is authorized, a Certification of Military Service (NA Form 13038), and a poor photo 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’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 8 July 1953.  He was promoted to the pay grade of E-3 on 11 October 1954 and served on active duty until he was honorably released from active duty at Fort Knox, Kentucky on 10 July 1956. He was transferred to the New Jersey Military District to complete his statutory military service obligation.

4.  His DD Form 214 indicates that he served at least a year of foreign service and was awarded the NDSM, the United Nations Service Medal, and the Korean Service Medal.

5.  On 5 October 1989, the Army Reserve Personnel Center (ARPERCEN) issued an Authorization for Issuance of Awards (DA Form 1577) authorizing the issuance of medal sets for the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, and the United Nations Service Medal.  It also informed the applicant that he was authorized the Republic of Korea Presidential Unit Citation (ROKPUC).  However, there is no indication that those additional awards were ever added to his DD Form 214.

6.  Inasmuch as the applicant’s awards of the NDSM, KSM, and UNSM are already reflected on his DD Form 214, these awards will not be further discussed in the record of proceedings.

7.  On 12 May 2008, the National Personnel Records Center dispatched a letter to the applicant informing him that he was not entitled to award of the ROKPUC or the Presidential Unit Citation (PUC) because his unit of assignment was not awarded either of those awards.  He was also notified that Commemorative Medals are not provided by any of the Military Services and was informed of the procedures for applying for the Cold War Recognition Certificate.


8.  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:  

	a.  while on permanent assignment;

	b.  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 

	c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

9.   Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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.

	a.  The area of eligibility and period of eligibility are as follows:  

		(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

		(2)  all air spaces above the land and water area.

	b.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

	c.  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, or meet the following criteria:  

		(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

		(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

		(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the Armed Forces Reserve Medal.   It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

12.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

13.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14. The applicant has requested award of the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

15.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only those awards authorized in 
Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214. Additionally, Letters and/or Certificates as well as Commemorative Medals not issued or authorized by the military services will not be entered on that form.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his awards of the Good Conduct Medal should be added to his records has been noted and found to have merit.  The applicant was issued a GCMDL and is entitled to have it added to his records at this time.  

2.  The applicant, having been awarded the KSM and UNSM, is entitled to award of the ROKWSM during his service in the Republic of Korea.  Therefore, he is entitled to have this award added to his records.
 
3.  The applicant’s contention that he should be awarded the KDSM has also been noted and found to have merit.  He served in Korea during the qualifying period and is entitled to have it awarded at this time and added to his records.   

4.  Although the applicant was initially informed that he was entitled to award of the ROKPUC, he was subsequently informed that his unit was not awarded either the PUC or the ROKPUC.  Therefore, in the absence of evidence to show that his unit was awarded the PUC and the ROKPUC, there appears to be no basis to add those awards to his records. 



5.  The available evidence of record also indicates that the applicant is not entitled to awards of the AFRM, the Overseas Service Ribbon (OSR), and the Army Service Ribbon (ASR).  Additionally, he is not entitled to have any commemorative medals or certificates added to his DD Form 214.  

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 awarding him the KDSM and by adding that award and his award of the GCMDL to his records at this time. 

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 awards of the PUC, the ROKPUC, the AFRM, the ASR, the OSR, and any Commemorative Medals or Certificates to his DD Form 214.

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 the United States.  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)                                         AR20080007756



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ABCMR Record of Proceedings (cont)                                         AR20080007756



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