IN THE CASE OF:	  

		BOARD DATE:	  9 September 2008

		DOCKET NUMBER:  AR20080009863 


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 and separation document (DD Form 214) be corrected to reflect unit awards to which he is entitled based on his service in Korea. 

2.  The applicant states, in effect, that he is of the opinion that his unit in Korea, which was the 17th Infantry Regiment, earned many awards and citations which are not reflected on his DD Form 214.  

3.  The applicant provides no additional documentary evidence 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 that he was initially inducted into the Army and entered active duty on 31 January 1951, and served for 1 year, 9 months, and 
8 days until being honorably released from active duty on 7 November 1952.  The DD Form 214 he was issued at that time shows he held the rank of corporal and had earned the Combat Infantryman Badge (CIB), United Nations Service Medal (UNSM), Korean Service Medal with 1 bronze service star, and 1 Overseas Bar.  

3.  The applicant served in the Enlisted Reserve from 8 November 1952 through 15 August 1953, and enlisted in the Regular Army (RA) and reentered active duty on 27 April 1954.  

4.  The applicant's Service Record (DA Form 24) for the period 31 January 1951 through 7 November 1952, shows in Section 3 (Organizations To Which Assigned and Attached) that he served in Korea from 1 July 1951 through 
15 April 1952.  It further shows that while assigned to Korea, he served with Company M of the 17th Infantry Regiment from 4 July through 4 December 1951, and with Headquarters and Headquarters Company (HHC) of the 17th Infantry Regiment from 5 December 1951 through 15 April 1952.  

5.  Section 7 (Combat Record) of the applicant's 9 November 1952 service record shows he participated in the CCF Spring Campaign in Korea, and Section 9 (Medals, Decorations, and Citations) shows he earned the following awards during the period of active duty covered by the DA Form 24:  CIB; KSM with 
1 bronze service star; and UNSM.  

6.  Section 17 (Indorsements) of the applicant's 7 November 1952 
DA Form 24 shows that he received no less than favorable Army Good Conduct Medal (AGCM) consideration at all of his active duty assignments, and his military record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM. 

7.  The applicant's DA Form 24 that covers his last period of active duty service from 27 April 1954 through 31 October 1955 shows in Section 9 that he earned the National Defense Service Medal (NDSM) and Army of Occupation Medal (AOM) with Germany Clasp.  

8.  On 31 October 1955, the applicant was honorably retired by reason of physical disability.  The DD Form 214 he was issued lists the NDSM and AOM with Germany Clasp as awards earned during the period covered by the separation document, which was 27 April 1954 through 31 October 1955.  


9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 of the awards regulation contains guidance on the AGCM.  It states, in pertinent part, that it is awarded for a qualifying period of honorable active duty service.  The normal qualifying period is 3 years; however, for the first award only, upon termination of service on or after 27 June 1950, a period of less than 3 years but more than 1 year is considered a qualifying period.  Other than members separated by reason of disability, there are no provisions for awarding the AGCM for a period of active duty service of less than 1 year.  

10.  Paragraph 5-9 of the awards regulation contains guidance on the Korean Service Medal and states, in pertinent part, that a bronze service star is authorized with the award for each Korean campaign a member is credited with participating in.  Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal (ROKWSM) and states, in pertinent part, that it is authorized for members who served in Korea between 25 June 1950 and 27 July 1953. 

11.  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 guidance on preparation of the DD Form 214.  It states, in pertinent part, that all awards earned during all periods of military service will be entered on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be entitled to unit awards based on his service with the 17th Infantry Regiment in Korea was carefully considered.  Although the unit earned no U.S. unit citations or commendations during the tenure of the applicant's assignment in Korea, it did receive the Republic of Korea Presidential Unit Citation, was credited with participating in 
3 campaigns, which authorizes 3 bronze service stars with his KSM, and based on his service in Korea, he is also authorized the ROKWSM.  Therefore, it would be appropriate to add these awards to his separation document at this time.  

2.  The applicant's record shows he received no less than favorable AGCM consideration at all of his active duty assignments, and his military record is void of any derogatory information and/or of a unit commander disqualification that would have precluded him from receiving the AGCM.  There it would be appropriate to award him the first award of the AGCM for his qualifying period of active duty service from 31 January 1951 through 7 November 1952, and to add this award to his separation document.  


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 awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 31 January 1951 through 7 November 1952; by amending Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 31 October 1955 
DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Army Good Conduct Medal, Korean Service Medal with 3 bronze service stars, Army of Occupation Medal with Germany Clasp, United Nations Service Medal, Republic of Korea Presidential Unit Citation, Republic of Korea War Service Medal, Combat Infantryman Badge, and 1 Overseas Service Bar"; and by providing him a correction to his separation document that includes these changes. 

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 additional unit awards and/or citations.  




      _______ _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)                                         AR20080009863



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ABCMR Record of Proceedings (cont)                                         AR20080009863


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