BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20080012406 


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 he be awarded the Bronze Star Medal.  He also requests that his military records be corrected to show the award of the Purple Heart, the basic Aviation Badge [formerly named the Aircraft Crew Member Badge], one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal, and that his most significant duty assignment was "G-2 Air Observer."

2.  The applicant essentially states that he was to have been awarded the Bronze Star Medal for meritorious achievement for volunteering to remain behind to save a burning L-17 aircraft in the face of advancing Chinese forces in November 1950.  He also contends, in effect, that he participated in six campaigns during his service in Korea from on or about 15 July 1950 to mid-August 1951.  Additionally, he states that the basic Aviation Badge and the Purple Heart should be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States) and that he was presented the Purple Heart by a Member of Congress in 2001.  Further, he requests that his most significant duty assignment shown on his DD Form 214 be corrected to read "G-2 Air Observer" and contends that the entry in item 28 (Most Significant Duty Assignment) that the 3000th Army Service Unit (ASU), Headquarters, Third U.S. Army, was surely not his most significant duty assignment.

3.  The applicant provides his DD Form 214; an unsigned third-party letter, dated 1 August 2003; a letter order, dated 1 August 1950, which in part authorized him to make frequent air flights in the performance of his duties as an aerial observer; a listing of the Korean War campaigns; a letter, dated 7 May 2008, from the National Archives and Records Administration; a portion of Headquarters, Eighth U.S. Army, Korea (EUSAK), General Orders Number 111, dated 12 October 1950, which in part awarded him the Air Medal with second oak leaf cluster; and a Congressional Media Advisory, dated 15 June 2001, in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant, having previous military service, enlisted in the Regular Army on 9 March 1950 in Japan.  He possessed military occupational specialty (MOS) 1008 (Army Aircraft Maintenance Supervisor).  He attained the rank of sergeant and served 1 year, 10 months, and 5 days of foreign and/or sea service.  He was honorably discharged on 25 May 1953 after he submitted his resignation.  The DD Form 214 that he was issued at the time of his discharge shows that he was awarded the Korean Service Medal with three bronze service stars, the Army Good Conduct Medal, the Air Medal with fourth oak leaf cluster, and the United Nations (UN) Service Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Bronze Star Medal.  There are also no orders in the available records which awarded him the Bronze Star Medal.  In an unsigned third-party letter, dated 1 August 2003, it appears that a retired general who was a captain during the Korean War essentially stated that he, the applicant, and another Soldier volunteered to remain behind after the I Corps Air Section was ordered to withdraw in the face of advancing Chinese forces to attempt repairs on their only L-17 aircraft which was disabled due to carburetor problems.  This letter also stated that rather than burn the L-17, the applicant and another Soldier worked in the bitter cold and replaced the carburetor, thus saving the destruction of this valuable aircraft.  It further stated that the I Corps Deputy Commander was to have awarded the applicant and the other Soldier the Bronze Star Medal for their actions, but in the confusion of the withdrawal, it was not known if this occurred or not.  The author of this letter also essentially stated that as the applicant's DD Form 214 does not show the award of the Bronze Star Medal, it is requested that it be awarded to the applicant to correct an oversight during the "heat of battle."

5.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart, but item 29 (Wounds Received as a Result of Action with Enemy Forces) contains an entry showing that he was wounded in action in February 1951.  The applicant also provided a Congressional Media Advisory which shows that he was presented the Purple Heart by a Member of Congress in 2001.

6.  The applicant's DD Form 214 also does not show that he was awarded the Aircraft Crew Member Badge which is now known as the basic Aviation Badge, but this document does show that he possessed MOS 1008 and was awarded the Air Medal with fourth oak leaf cluster.  His military records also contained a Headquarters, EUSAK, letter order, dated 1 August 1950, which authorized him to make frequent air flights in the performance of his duties as an aerial observer.

7.  The applicant essentially requested that his DD Form 214 be corrected to show one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal to signify that he participated in six campaigns during the Korean War.  His inclusive dates of service in Korea could not established, but letter orders, dated 1 August 1950, establish the earliest date the applicant's presence in Korea could be confirmed.  Additionally, his DD Form 214 established that he was in Korea when he was wounded in action in February 1951, so at a minimum he was in Korea on 1 February 1951.  Based on the fact that it could be conclusively established that the applicant served in Korea from 1 August 1950 to 1 February 1951, the applicant participated in the UN Defensive campaign (27 June 1950 to 15 September 1950), the UN Offensive campaign (16 September 1950 to 2 November 1950), the Chinese Communist Forces (CCF) Intervention campaign (3 November 1950 to 24 January 1951) and the 1st UN Counteroffensive campaign (25 January 1951 to 21 April 1951).

8.  Item 28 of the applicant's DD Form 214 contains an entry showing that the 3000th ASU, Headquarters, Third U.S. Army, was his most significant duty assignment.  His military records contain Headquarters, Fort McPherson, Special Orders Number 101, dated 22 May 1953, which essentially show that this was his unit of assignment at the time of his discharge.

9.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

10.  The applicant served more than 30 consecutive days in Korea during the Korean War, but his DD Form 214 does not show that he was awarded the Republic of Korea War Service Medal (ROKWSM).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

13.  The Institute of Heraldry website provides that the basic Aviation Badge was originally approved as the Aircraft Crew Member Badge by the Deputy Chief of Staff for Military Operations on 16 May 1962.  The Deputy Chief of Staff approved the change to the present Aviation Badges on 29 February 2000 retroactive to 1 January 1947 for Military Personnel.  The Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge, an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers; or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge. 
For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

14.  Army Regulation 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), effective 20 June 1950, prescribed the policy and procedures for preparation of separation forms for enlisted personnel.  In pertinent part, it stated that the last unit or similar element to which assigned for duty would be entered in item 28.  Assignments to units for the purpose of transfer from an overseas command to the United States are considered a part of the movement to a separation point.  Assignments to a medical holding detachment for the purpose of separation by reason of disability will not be considered a duty assignment.  The title and/or number of the organization will be entered as indicated in the service record.

15.  Special Regulation 135-175-5 (Civilian Components – Separation of Officers), dated 19 December 1949, prescribed the policies and procedures for completing the DA Form 214 for officer personnel.  In pertinent part, it stated the entry representing the duty which required the greatest demonstration of the officer's training and experience would be entered in item 28.

16.  The Government of the Republic of Korea issued the ROKWSM 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 ROKWSM.  To qualify for award of the ROKWSM, 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.

17.  Army Regulation 600-8-2 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and    27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.


18.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a 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.

19.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal.  He also contends that his military records should be corrected to show the award of the Purple Heart, the basic Aviation Badge, and one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal, and that his most significant duty assignment was "G-2 Air Observer."

2.  The sincerity of the applicant's claim that he was to be awarded the Bronze Star Medal is not questioned.  However, all awards of the Bronze Star Medal must be announced in official orders which the applicant did not provide and are not in his military records.  While he provided a letter which appears to have been prepared by a retired general, there is no evidence in the available records which can corroborate the information contained in this letter.  Regrettably, in view of the foregoing, there is an insufficient basis for awarding the Bronze Star Medal to the applicant in this case.  However, the applicant is advised that while the available evidence is insufficient for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


3.  Item 29 of the applicant's DD Form 214 clearly shows that he was wounded in action in February 1951 and the applicant provided a Congressional Media Advisory showing that he was awarded the Purple Heart by a Member of Congress in 2001.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart.

4.  The applicant's DD Form 214 also does not show that he was awarded the Aircraft Crew Member Badge which is now known as the basic Aviation Badge, but this document does show that he possessed MOS 1008 and he was awarded 
the Air Medal with fourth oak leaf cluster.  His military records also contained a Headquarters, EUSAK, letter order, dated 1 August 1950, which authorized him to make frequent air flights in the performance of his duties as an aerial observer. Therefore, it is reasonable to presume that the applicant either performed as an Army Aircraft Maintenance Supervisor for more than 12 months or was school trained as an Army Aircraft Maintenance Supervisor, or both.  Therefore, it would be appropriate at this time to award him the basic Aviation Badge and correct his military records to show the award of the basic Aviation Badge.

5.  As the applicant's inclusive dates of service in Korea could not be conclusively established based on the limited amount of information in his military records, it could only be conclusively established that he was in Korea from 1 August 1950 to 1 February 1951, and that he participated in four campaigns.  As a result, although he is entitled to correction of his military records to show four bronze service stars to be affixed to his already-awarded Korean Service Medal, there is an insufficient basis to correct his military records to show one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal to signify that he participated in six campaigns.

6.  The evidence of record shows the applicant was assigned to the 3000th ASU, Headquarters, Third U.S. Army, at the time of his honorable discharge on 25 May 1953.  This unit of assignment was entered in item 28 of his DD Form 214.  

7.  Although item 28 is entitled "Most Significant Duty Assignment," this item was used for both officers and enlisted personnel, and officers and enlisted personnel had different criteria for determining what information would be entered in this item.  The instructions for officers were to enter the duty which required the greatest demonstration of the officer's training and experience, i.e., the most significant duty assignment.  The instructions for enlisted personnel were to enter the last unit, or similar element, to which assigned for duty.  Based on this evidence and in accordance with regulatory guidance, there appears to be no basis for correcting item 28 to show that he served as a G-2 Air Observer.

8.  As the applicant served in Korea during the Korean War and was awarded the Korean Service Medal with three bronze service stars, it is reasonable to presume that he served in Korea for at least 30 consecutive days during a qualifying period for award of the ROKWSM.  Therefore, it would be appropriate at this time to correct his military records to show the award of the ROKWSM.

9.  The applicant also met the eligibility criteria for award of the National Defense Service Medal, and this award should be added to his DD Form 214.

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:

	a.  awarding him the basic Aviation Badge; and

	b.  adding the award of the Purple Heart, the basic Aviation Badge, the ROKWSM, the National Defense Service Medal, and four bronze service stars to be affixed to his already-awarded Korean Service Medal to his DD Form 214.

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:

	a.  awarding him the Bronze Star Medal;

	b.  showing the award of one silver service star and one bronze service star to be affixed to his already-awarded Korean Service Medal; and

	c.  correcting item 28 of his DD Form 214.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ____________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)                                         AR20080012406



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ABCMR Record of Proceedings (cont)                                         AR20080012406



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