IN THE CASE OF:	  

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080008957 


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 record be corrected to add all awards and medals to include, but not limited to, the Army of Occupation Metal (AOM) with Japan Clasp, Korean Service Medal (KSM) with 5 bronze service stars, United Nations Service Medal (UNSM), National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), Bronze Star Medal (BSM), Expert Marksmanship Qualification Badge with Carbine Bar, and all combat awards to which he is entitled.

2.  The applicant states, in effect, that his separation document (DD Form 214) does not reflect all his awards.  

3.  The applicant provides separation documents, his service record (WD AGO Form 24A), his Qualification Record – Enlisted Personnel (DA Form 20), and his Enlisted Qualification Record (DA Form 20) in support of his application.

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 record shows he initially enlisted into the Regular Army (RA) and entered active duty on 19 November 1947, and that he continually served through reenlistments until being honorably discharged on 16 April 1955.  The DD Form 214 he was issued on 16 April 1955, shows he earned the AOM with Japan Clasp, AGCM, and the KSM with 1 bronze service star.   

3.  The applicant served in the Army National Guard (ARNG) from 14 September 1960 through 12 February 1961, at which time he was honorably discharged for the purpose of enlistment in the RA.  

4.  On 13 February 1961, the applicant enlisted into the RA and reentered active duty.  He was trained in, awarded, and served in military occupational specialty (MOS) 94B (Cook), and the highest rank he attained while serving on active duty was sergeant (SGT).  

5.  The applicant's Official Military Personnel File (OMPF) contains two DA Forms 20, which were prepared in 1950 and 1965, respectively.  These records show that during his tenure on active duty the applicant earned the following awards:  AOM with Japan Clasp, AGCM, KSM with 5 bronze service stars [1 silver service star], UNSM, NDSM, and Expert Marksmanship Qualification Badge with Carbine Bar.  They also show he served in Korea between January 1951 and September 1952.  

6.  The applicant's OMPF is void of any orders or other documents showing he was ever recommended for or awarded the BSM by proper authority.

7.  On 27 August 1965, the applicant was honorably discharged by reason of hardship.  The DD Form 214 he was issued at the time shows he completed a total of 4 years, 6 months, and 15 days of active military service this period, of which 2 years, 11 months, and 10 days was served overseas.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 contains the entry "None."

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:

   (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.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for completing the DD Form 214.  The instructions in effect at the time of the applicant's discharge stated to enter only awards earned during the period covered by the DD Form 214; however, the current instructions state to enter all awards earned during the member's military career.  

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  This regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

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 contention that his separation does not include all awards to which he is entitled was carefully considered and found to have merit.  The applicant's record confirms he earned the KSM with 1 silver service star, NDSM, UNSM, AGCM, AOM with Japan Clasp, and the Expert Marksmanship Qualification Badge with Carbine Bar, as evidenced by his 16 April 1955
DD Form 214 and his Enlisted Qualification Records.  Although the regulation in effect at the time required only that awards earned during the period covered by the DD Form 214 be entered, under current regulatory standards, all awards earned throughout a military career are entered on the DD Form 214.  Therefore, it would be appropriate and serve the interest of equity to add these awards to his 27 August 1965 DD Form 214 at this time.   

2.  By regulation the ROKWSM is awarded to members who served in Korea for 
30 consecutive or 60 nonconsecutive days between 25 June 1950 and 
27 July 1953.  The evidence of record confirms that the applicant served in Korea between January 1951 and September 1952.  Therefore, it would be appropriate to add this award to his DD Form 214 at this time.

3.  The applicant's contention that the BSM should be added to his record and separation document was also carefully considered.  However, there is insufficient evidence to support this claim.  The applicant’s record is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  Absent any evidence of record confirming his entitlement to this award, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star 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 amending his 27 August 1965 DD Form 214 to show award of the National Defense Service Medal, Army Good Conduct Medal, Korean Service Medal with 1 silver service star, United Nations Service Medal, Army of Occupation Medal with Japan Clasp, Republic of Korea War Service Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar.

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 the Bronze Star Medal.



      _________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)                                         AR20080008957



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ABCMR Record of Proceedings (cont)                                         AR20080008957


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