IN THE CASE OF:	 

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011986 


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, award of the Korean Service Medal (KSM), United Nations Service Medal (UNSM), and Republic of Korea Presidential Unit Citation (ROKPUC).

2.  The applicant states, in effect, he never received any awards for his service in Korea.  He states he arrived in Korea in late 1953 and he describes his duties. 

3.  The applicant provides a Self-Authored Statement, Internet Award Documents, Rakkasan Newspaper Extracts, Jump Log, and Privacy Act Statement 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 record that includes the applicant’s active duty separation document (DD Form 214) and the evidence he provides.

3.  The applicant's separation document shows that he enlisted in the Regular Army (RA) for a period of three years and entered active duty on 12 June 1951.  It also shows he held and served in military occupational specialty (MOS) 1740 (Radio Operator), and that he served on active duty for 2 years, 11 months, and 24 days until being honorably separated on 5 June 1954.

4.  Item 26 (Foreign Service) of the applicant's DD Form 214 confirms he completed 9 months and 13 days of overseas service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal (NDSM) and the Parachutist Badge.  Item 28 (Most Significant Duty Assignment) lists Headquarters Battery, 674th Airborne Field Artillery Battalion, Army Post Office (APO) 51, as his most significant assignment.  APO 51 confirms his service with this unit was performed in Korea.  His NPRC file is void of any indication that he or his unit were ever awarded the ROKPUC.

5.  The applicant provides a Jump Log that shows he completed a parachute jump in the vicinity of the Hahn River in Korea on 17 September 1953.  It also shows that he continued to make parachute jumps in Japan through 25 February 1954.  He also provides extracts from “The Rakkasan” newspaper, dated 
29 August, 12 September, and 6 October 1953, which provide the history of the 187th Airborne Regiment at that time.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 4 provides guidance on awarding the AGCM.  It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  It further states that the normal qualifying period for the AGCM is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

7.  Paragraph 5-9 of the awards regulation contains guidance on the KSM.  It states, in pertinent part, that it is awarded for service within the territorial limits of Korea or in waters immediately adjacent thereto between 27 June 1950 and 27 July 1954.
8.  Paragraph 9-5 of the awards regulation contains guidance on the UNSM.  It states, in pertinent part, that the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal; and Paragraph 9-21 contains guidance on the ROKPUC.  It states, in pertinent part, that it is awarded by the Korean government.

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II-Korea) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and Korea.  It also identifies units awarded foreign awards, which includes the ROKPUC.  The register does not indicate the ROKPUC was authorized for members of the applicant's unit (674th Airborne Field Artillery Battalion) in Korea.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the KSM, UNSM, and the ROKPUC was carefully considered and found to have partial merit.  By regulation the KSM is awarded for service within the territorial limits of Korea between 27 June 1950 and 27 July 1954, and its award automatically establishes eligibility for the UNSM.  The evidence of record confirms that the applicant completed 9 months and 13 days of overseas service, as evidenced by the entry in Item 27 of his 
DD Form 214, and the APO 51 entry in Item 28 confirming he served in Korea.  Further the applicant also provides a copy of a Jump Log confirming he completed a parachute jump in Korea on 12 September 1953.  As a result it would be appropriate to add the KSM and UNSM to his record and separation document at this time.  

2.  The applicant’s NPRC File contains no evidence and the governing Army register provide no indication that the applicant's unit was ever awarded or authorized to receive the ROKPUC.  As a result, there is an insufficient evidentiary basis to support adding the ROKPUC to his record and 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 amending Item 24 of his DD Form 214 by adding the Korean Service Medal and United Nations Service Medal; 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 award of the Republic of Korea Presidential Unit Citation.



      ________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)                                         AR20080011986



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ABCMR Record of Proceedings (cont)                                         AR20080011986


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