IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080008408 


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 his records be corrected to show award of the Korean Service Medal and United Nations Service Medal, and any other medals to which he may be entitled.

2.  The applicant states even his Silver Star was omitted from his DD Form 214 (Report of Separation From the Armed Forces of the United States).

3.  The applicant provides:

	a.  A copy of his DD Form 214 for the period 14 January 1949 through 3 February 1951.  It shows the Army of Occupation Medal (Japan Clasp), Combat Infantryman Badge, and Purple Heart.

	b.  DD Form 215 (Correction to DD Form 214) adding the Silver Star to the DD Form for the period ending on 3 February 1951.

	c.  DD Form 214 for the period 18 July 1951 through 6 February 1954 that shows award of the National Defense Service Medal.

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 records show the applicant enlisted in the Regular Army on 14 January 1949 and he was transferred to the Far East for occupation duty in Japan.

4.  At the outset of hostilities on the Korean peninsula, the applicant was shipped to Korea and assigned to Company L, 27th Infantry Regiment (Wolfhounds).  He arrived in Korea on 24 July 1950.  He served with the Wolfhounds until he was transferred out of theater on15 January 1951.  He was honorably separated on 3 February 1951 after 2 years and 20 days of creditable service.  He had no lost time.  His rank at the time of separation was sergeant.

5.  The record shows the applicant was awarded the Silver Star, the Army of Occupation Medal (Japan Clasp), and the Purple Heart.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During the Korean War era, the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

	b.  The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

	c.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	d.  The United Nations Service Medal (UNSM) was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	e.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, is authorized to be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  The applicant served during three campaigns:  UN Defensive, 27 June to 15 September 1950; UN Offensive, 16 September to 2 November 1950; and the CCF Intervention, 3 November 1950 to 24 January 1951.

	f.  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. 

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows the unit to which the applicant was assigned was cited for award of the Distinguished Unit Citation [now the Presidential Unit Citation] and the Republic of Korea Presidential Unit Citation during the period he served with the unit.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Korean Service Medal and the United Nations Service Medal.

2.  The applicant is entitled to the Korean Service Medal with three bronze service stars and the United Nations Service Medal.  These awards should be added to his DD Form 214, dated 3 February 1951.

3.  The applicant is entitled to other awards that do not appear on his DD Form 214, dated 3 February 1951:

	a.  He terminated a period of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  He was promoted to the rank of Sergeant, had no lost time, and was awarded a Silver Star.  He should have been awarded a Good Conduct Medal for the period 14 January 1949 through 3 February 1951.  This should be added to his DD Form 214, dated 3 February 1951.

	b.  He is entitled to award of the new Republic of Korea War Service Medal based on his honorable participation in the Korean War.  This should be added to his DD Form 214, dated 3 February 1951.

	c.  His unit, the 27th Infantry Regiment, was awarded the Distinguished Unit Citation [now the Presidential Unit Citation] and the Republic of Korea Presidential Unit Citation during the period he served with the unit.  These unit awards should be added to his DD Form 214, dated 3 February 1951.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  Awarding him the Good Conduct Medal for the period 14 January 1949 through 3 February 1951, the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, the Distinguished Unit Citation [now the Presidential Unit Citation] and the Republic of Korea Presidential Unit Citation; and

	b.  Adding the above awards to his DD Form 214, dated 3 February 1951.



															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)                                         AR20080008408



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ABCMR Record of Proceedings (cont)                                         AR20080008408



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