IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080013002 


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 he be awarded the Republic of Korea Presidential Unit Citation.

2.  The applicant essentially states that he was assigned to the 7th Infantry Division during a period in which the Republic of Korea Presidential Unit Citation was awarded to the unit and the award was not entered into his military records.

3.  The applicant provides an unofficial copy of general orders awarding the Republic of Korea Presidential Unit Citation to the 7th Infantry Division and orders, dated 18 December 1954, which show he was assigned to the 7th Infantry Division 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 applicant's military records show that he entered active duty in the Regular Army as a commissioned officer on 15 June 1953.  After completing the Infantry Officer Basic Course, he was assigned to Fort Ord, California.  He departed for a tour in Korea on 10 June 1954, and was assigned to the 31st Infantry Regiment, 7th Infantry Division.  He returned to the continental United States on 11 October 1955, and served at Fort Lewis, Washington until he was honorably discharged on 16 July 1956.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) that was issued to him at the time of his release from active duty essentially shows that he was awarded the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, and the Aircraft Crew Member Badge.

3.  The applicant's DD Form 214 does not show he was awarded the Republic of Korea Presidential Unit Citation.  The applicant provided an unofficial copy of general orders awarding the Republic of Korea Presidential Unit Citation to the 7th Infantry Division.  A search of the Army Publishing Directorate list of Department of the Army General Orders produced an official copy of Department of the Army General Orders Number 50, dated 9 November 1971, which in part confirmed award of the Republic of Korea Presidential Unit Citation to the 7th Infantry Division during the period 17 September 1950 to 27 March 1971.

4.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD form 214.

5.  The applicant served in Korea from 10 June 1954 to 11 October 1955, but his DD Form 214 does not show he was awarded the Korea Defense Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or
	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

7.  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 Republic of Korea Presidential Unit Citation.

2.  General orders confirmed award of the Republic of Korea Presidential Unit Citation to the 7th Infantry Division for the period 17 September 1950 to            27 March 1971, and the applicant was assigned to this division within this timeframe.  Therefore, it would be appropriate at this time to correct his military records to show this unit award. 

3.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his military records to show the award of the Korea Defense Service Medal.

BOARD VOTE:

___X_____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Republic of Korea Presidential Unit Citation and the Korea Defense Service Medal.

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




      _______ _ XXX  _______   ___
               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)                                         AR20080013002



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ABCMR Record of Proceedings (cont)                                         AR20080013002



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