IN THE CASE OF:	  

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080010461 


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 separation document (DD Form 214) be corrected by adding the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and National Defense Service Medal (NDSM).

2.  The applicant states, in effect, that the ARCOM, AGCM, and NDSM he is entitled to were omitted from his separation document.

3.  The applicant provides an award citation 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 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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed NPRC file, which includes a partially legible DD Form 214 and the award citation that was provided by the applicant.  

3.  The applicant’s DD Form 214 shows he entered active duty in the Army of the United States on 24 September 1951, and that he continuously served for 1 year, 8 months, and 22 days, until he was honorably released from active duty (REFRAD) on 15 June 1953.  It also shows he held the rank of corporal at the time of his REFRAD, and that he earned the following awards during his active duty tenure:  Korean Service Medal (KSM) with 2 bronze service stars; United Nations Service Medal (UNSM); and Combat Infantryman Badge (CIB).

4.  The applicant's reconstructed file contains a NPRC letter, dated 9 September 2005, which informed the applicant that he was entitled to the AGCM, NDSM, KSM with 2 bronze service stars, CIB, UNSM, and Republic of Korea Presidential Unit Citation (ROKPUC).  It also contains an Authorization for Issuance of Awards (DA Form 1577) that shows with the exception of the ROKPUC, these awards were authorized to be issued to the applicant.  

5.  The NPRC file is void of derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM. 

6.  The applicant provides a citation issued by Headquarters, 7th Infantry Division, which indicates he was awarded the Commendation Ribbon with Metal Pendant, now known as the ARCOM, for meritorious achievement during the period 28 February to 29 March 1953.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 provides guidance for the issuance of the NDSM and it states, in pertinent part, that it is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

8.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  For the first award only, 1 year served entirely during the period 7 December 1941 through 2 March 1946 is a qualifying period.

9.  The Government of the Republic of Korea issued the Korean War Service Medal (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 KWSM.  To qualify for award of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the ARCOM, AGCM, and the NDSM has been carefully considered and found to have merit.  The evidence of record confirms the applicant served on active duty from 24 September 1951 to 15 June 1953; thereby, satisfying the regulatory criteria necessary to be awarded the NDSM. 

2.  The applicant's NPRC file is void of any derogatory information or a formal unit commander disqualification that would preclude award of the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 24 September 1951 through 15 June 1953.  

3.  The applicant provides a Commendation Ribbon with Metal Pendant (ARCOM) award citation that shows he received this award for meritorious achievement for the period 28 February 1953 through 29 March 1953.  Although there are no orders or other documents in the NPRC file confirming this award, this document is properly authenticated with the signature of an Assistant Adjutant and is therefore sufficiently credible to support adding the award to his record and separation document at this time.  

4.  In addition, based on the applicant's service in Korea and the authorization of the NPRC contained in its letter of 9 September 2005 and its DA Form 1577, dated 22 November 2000, it would also be appropriate to add the ROKPUC and ROKWSM to his separation document at this time.  


BOARD VOTE:

___x____  ___x____  ___x____  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 awarding the applicant the Army Good Conduct Medal, for his qualifying period of honorable service from 24 September 1951 to 15 June 1953; by adding the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Republic of Korea War Service Medal, and Republic of Korea Presidential Unit Citation to the list of awards on his separation document; and by issuing him a correction to his separation document to reflect these changes.




      _______ _ 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)                                         AR20080010461



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ABCMR Record of Proceedings (cont)                                         AR20080010461



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