IN THE CASE OF:	  

		BOARD DATE:	  10 March 2009

		DOCKET NUMBER:  AR20080014336 


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, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his award of the Bronze Star Medal. 

2.  The applicant states, in effect, that this award was issued to him on 19 July 1953 and is not reflected on his DD Form 214.  He also states that he was just advised that he could apply to this Board to have his DD Form 214 corrected. 

3.  In support of his application, the applicant provides a copy of his DD Form 214 and the front side of his orders for the Bronze Star Medal.

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 in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's available military records show that he was inducted into the Army of the United States on 11 February 1952 and entered active duty on the same day.  

4.  The applicant's DD Form 214 shows he was honorably released from active duty, as a corporal (temporary), on 12 December 1953.  He was transferred to the 7575th United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that during his tenure of service he was awarded the United Nations Service Medal, Korean Service Medal with 2 bronze service stars, National Defense Service Medal, Combat Infantryman Badge, and
1 overseas service bar.

5.  The applicant submits a copy of Headquarters, 3rd Infantry Division, General Orders Number 242, dated 19 July 1953, awarding him the Bronze Star Medal with "V" Device, for heroic achievement in connection with military operations against an enemy of the United States on the night of 10 June 1953 and during the day of 11 June 1953, while serving as a member of Company K, 15th Infantry Regiment, 3rd Infantry Division.  His available records also contain these orders. This award is not shown on his DD Form 214.

6.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, authorized the award of the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966), to all personnel assigned to Company K, 15th Infantry Regiment, 3rd Infantry Division, from 10 - 11 June 1953, by Department of the Army General Order Number 18, dated 1955.



8.  Department of the Army Pamphlet 672-1 also shows that the applicant was assigned to a unit that was awarded the Republic of Korea Presidential Unit Citation for the period of service from 10 - 14 June 1953, by Department of the Army General Order Number 29, dated 1954, and the Bravery Gold Medal of Greece, by Department of the Army General Order Number 2, dated 1956.

9.  Army Regulation 600-8-22 (Military Awards) states in pertinent part, that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows: 

   (1) while on permanent assignment; 
   
   (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 
   
   (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The evidence of record confirms he was awarded the Bronze Star Medal on 19 July 1953; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  General Orders entitled the applicant’s unit to award of the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, and the Bravery Gold Medal of Greece.  These unit awards are also not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to show these unit awards.

3.  The evidence further shows that based on the applicant's service in Korea he is entitled to award of the Republic of Korea War Service Medal.  He is therefore further entitled to have this award shown on his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


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:

	a.  adding to item 27 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device, Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Bravery Gold Medal of Greece, and the Republic of Korea War Service Medal; and

	b.  providing the applicant a corrected separation document that shows these corrections.



      __________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)                                         AR20080014336



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ABCMR Record of Proceedings (cont)                                         AR20080014336



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