IN THE CASE OF:	

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011679 


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 block 4 of his separation document (DD Form 214) be corrected to reflect Infantry instead of RA QMC; block 28 be corrected to list the 7th Cavalry Regiment, 1st Cavalry Division as his most significant duty assignment; and that he be given the awards of the Republic of Korea Korean War Service Medal and the WWII Victory Medal.

2.  The applicant states that his DD Form 214 reflects his duty station and military occupational specialty (MOS) at the time of his discharge from Letterman Army Hospital.  He would like his DD Form 214 to reflect his duty as an Infantryman which was his most significant duty assignment and the duty he was performing when he was combat wounded.

3.  The applicant provides his separation documents in support of his request.

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 could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973.  The information contained herein was derived from alternative sources.

3.  The WD AGO Form 53-58, Enlisted Record and Report of Separation General Discharge, submitted by the applicant shows that he served in the Regular Army from 27 March 1946 to 9 March 1949, at which time he was discharged to immediately reenlist.  The WD AGO Form 53-58 shows his MOS as a Supply Clerk and the awards of the WWII Victory Medal and the Army of Occupation Medal with Japan Clasp.

4.  A medical record shows that the applicant was wounded when he stepped on a land mine at an “Old unknown installation, Korea.”  This medical record lists his unit as Headquarters Company, 2164th ASU.

5.  The applicant was honorably discharged on 16 October 1952 due to the expiration of his term of service.  The DD Form 214 he was issued shows his most significant unit as Headquarters Company, 2164th ASU, and his component and branch as “RA QMC” (Regular Army, Quarter Master Corps).  His awards and decorations include the Korean Service Medal with 5 bronze service stars.

6.  On 30 May 2002, the applicant’s DD Form 214 was amended to add the Purple Heart and National Defense Service Medal.

7.  Army Regulation 600-8-22 states that the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

8.  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. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant was a Supply Clerk when he reenlisted in the Regular Army.  There is no evidence to show that his MOS was changed after his reenlistment.  As such, the entry “RA QMC” accurately shows the applicant as Regular Army, Quarter Master Corps.

2.  There is no evidence to show the applicant’s most significant unit as the 7th Cavalry Regiment, 1st Cavalry Division.  As such, there is insufficient evidence in which to grant this portion of the applicant’s request.

3.  However, the applicant was on active duty during the time specified for award of the WWII Victory Medal, and his first separation documents reflects this award.  It would be proper and equitable to now add this award to his second separation document.

4.  Also, while the actual dates the applicant served in Korea is not a matter of record, the fact that he was awarded the Korean Service Medal with 5 bronze service stars is clear indication that the applicant served in Korea during the Korean War.  As such, the preponderance of evidence shows that he is entitled to the ROK-KWSM.

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 the DD Form 214 of the individual concerned for the period ending 16 October 1952 be corrected by adding the ROK-KWSM and the WWII Victory Medal.

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 changing block 4 of his DD 
Form 214 to reflect Infantry instead of RA QMC, and changing block 28 to list the 7th Cavalry Regiment, 1st Cavalry Division as his most significant duty assignment.





      _______ _  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)                                         AR20080011679





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ABCMR Record of Proceedings (cont)                                         AR20080011679



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