IN THE CASE OF:	  

		BOARD DATE:	        08 JANUARY 2009

		DOCKET NUMBER:  AR20080015395 


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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show that he served in six campaigns while he was in Korea and his entitlement to the awards of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal with Korean Clasp, the Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states that he served in the following six campaigns:  the United Nations Defensive Campaign which extended from 27 June 1950 through 15 September 1950, the United Nations Offensive Campaign which extended from 16 September 1950 through 2 November 1950, the Chinese Communist Forces Intervention Campaign which extended from 3 November 1950 through 25 January 1951, the First United Nations Counteroffensive Campaign which extended from 25 January 1951 through 21 April 1951; the Chinese Communist Forces Spring Offensive Campaign which extended from 22 April 1951 through 8 July 1951, and the United Nations Summer-Fall Offensive Campaign which extended from 9 July 1951 through 27 November 1951.

3.  The applicant provides in support of his application, an undated statement addressed to whom this may concern regarding the awards to which he believes that he is entitled, a copy of his DD Form 214, a letter addressed to him dated 13 September 2000 pertaining to awards and Korean War Campaigns, a letter to him from the National Personnel Center dated 5 January 2006 notifying him of awards and decorations to which he is entitled, and a copy of a letter from him addressed to an archives Technician at the Military Personnel Records Center pertaining to his entitlement to awards and decorations.

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.  On 15 January 1949, the applicant enlisted in the Regular Army in San Antonio, Texas, for 2 years in the pay grade of E-1.  He successfully completed his training as an industrial crane operator.  His enlistment was involuntarily extended for 1 year under the provisions of Public Law 624, 81st Congress, as amended.

4.  The applicant was honorably discharged on 29 December 1951 under the provisions of Army Regulation 615-365 (Convenience of the Government) prior to the expiration of his term of service.  The DD Form 214 that he was furnished at the time of his service shows that he was awarded the Korean Service Medal with five bronze service stars.  His DD Form 214 also shows that he had 1 year, 3 months, and 21 days of Foreign and/or Sea Service.

5.  Item 28 (Most Significant Duty Assignment) on the applicant's DD Form 214 shows his most significant assignment as Battery A, 78th Antiaircraft Artillery Gun Battalion.


6.  The applicant submits in support of his application a letter from an unidentified individual, addressed to him dated 13 September 2000.  In the letter, the individual identifies the awards to which he believes the applicant is entitled and he states that the applicant is entitled to six battle stars as represented by the first six campaigns that are listed at the bottom of the letter.

7.  In a letter dated 5 January 2006, the National Personnel Records Center notified the applicant that he is entitled to the National Defense Service Medal, the Korean Service Medal with one silver service star, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

8.  On 17 April 2006, the applicant contacted an Archives Technician at the Military Personnel Records Center.  In the letter he stated that he is entitled to six campaign service stars instead of the five that are reflected on his DD Form 214. He goes on to explain that since he arrived in Korea during the first United Nations Defensive Campaign on 15 September 1950 and fought that day, he is entitled to an additional service star.

9.  A review of the applicant's official records does not show the exact dates of his service in Korea.

10.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Korean Service Medal.  Army Regulation 
600-8-22 also provides that a silver service star is authorized in lieu of five bronze service stars.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  This regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the unit to which the applicant was assigned was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 51 dated 1957.


13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive.

14.  The Government of the Republic of Korea issued the Korean War Service Medal 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 Korean War Service Medal.  To qualify for award of the Korean War Service Medal, the veteran must have served in Korea 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.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served in six campaigns while he was in Korea and his entitlement to the awards of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal with Korean Clasp, the Republic of Korea Korean War Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  The applicant's contentions and his supporting documents have been noted.  While he is entitled to one silver service star to reflect his campaign participation, the unavailability of his records means that there is no corroboration of his contention that he is entitled to an additional service star for inclusion on his Korean Service Medal.

3.  The unavailable of the applicant's official records also means that there is insufficient evidence to show that he met the criteria for award for the Good Conduct Medal as there are no general orders contained in his records awarding him the Good Conduct Medal or other documents supporting award of this medal.  The documentation that he submitted is simply not sufficient to warrant granting this portion of the applicant's request.

4.  While there are no provisions for inclusion of a Korean Clasp on a United Nations Service Medal, the applicant's official records do show that he is entitled to the National Defense Service Medal, Korean Service Medal with one silver service star, the United Nations Service Medal, the Republic of Korea Korean War Service Medal and the Republic of Korea Presidential Unit Citation.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

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 his DD Form 214 to show that he was awarded the National Defense Service Medal, Korean Service Medal with one silver service star, the United Nations Service Medal, the Republic of Korea Korean War Service Medal, and the Republic of Korea Presidential Unit Citation and furnishing him the appropriate medals.

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 amending his DD Form 214 

to show that he participated in six campaigns while he was in Korea and awarding him the Good Conduct Medal or the United Nations Service Medal with Korean Clasp.



      __________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)                                         AR20080015395



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ABCMR Record of Proceedings (cont)                                         AR20080015395



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