IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080015444 


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 his record and separation document (DD Form 214) be corrected to show award of the Combat Medical Badge (CMB), Army Good Conduct Medal (AGCM), and other earned awards not included in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

2.  The applicant states, in effect, that after his discharge he was sent all his medals, but the awards in question were not included on his DD Form 214.  

3.  The applicant provides no documentary evidence 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 record shows he was inducted into the Army and entered active duty on 9 November 1950.  It further shows he held and served in military occupational specialty (MOS) 1666 (Field Aid Attendant), and that the highest rank he attained while serving on active duty was private first class (PFC)/E-3.  

3.  The applicant’s Service Record (WD AGO Form 24A) shows he arrived in Korea for duty on 28 April 1951 and was assigned to the Medical Company, 
7th Infantry Regiment.  It further shows he departed Korea on 8 September 1951, after being wounded in action.  Section 21 (Medals, Decorations and Citations) shows that during his active duty tenure he earned the Korean Service Medal with 1 bronze service star, Purple Heart (PH), and CMB.  The CMB entry in Section 21 confirms it was awarded in Headquarters, 7th Infantry Division Special Orders 118, dated 12 June 1951.  

4.  Section 24 (Indorsements) of the applicant’s WD AGO Form 24A shows he received no less than “Excellent” conduct and efficiency ratings and that he received a favorable recommendation for the AGCM by his commander in Korea. His record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.

5.  On 31 March 1953, the applicant was honorably retired by reason of disability after completing 2 years, 4 months, and 22 days of active military service.  Item 27 of the DD Form 214 he was issued at the time lists the KSM with 1 bronze service star, United Nations Service Medal (UNSM), and the PH.  

6.  On 18 June 1956, an Authorization for Issuance of Awards (TAGO Form 0657) was issued by the Office of The Adjutant General (OTAG).  It directed that the following awards be issued to the applicant:  PH; Meritorious Unit Emblem (now known as the Meritorious Unit Commendation (MUC)), KSM with 1 bronze service star; CMB; UNSM; and National Defense Service Medal (NDSM).  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-10 contains guidance on award of the NDSM and states, in pertinent part, that it is authorized for any period of honorable active service performed between 27 June 1950 and 27 July 1954.

8.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of 
Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  Paragraph 5-9 of the awards regulation contains guidance on the KSM and it states, in pertinent part, that 1 bronze service star is authorized with this award for each campaign a member’s unit was credited with participating in during the Korean War.  

10.  Paragraph 8-7 of the awards regulation contains guidance on award of the CMB.  It states, in pertinent part, that the CMB is authorized to members who hold a medical MOS, who served in an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  The CMB was authorized to be awarded to qualified members during the Korean War between 27 June 1950 and 27 July 1953. 

11.  Paragraph 9-16 of the awards regulation contains guidance on award of the Republic of Korea War Service Medal (KWSM) and states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea performed between 25 June 1950 and 27 July 1953. 

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War.  This source confirms that during his tenure of assignment, the applicant’s unit (Medical Company, 7th Infantry Regiment) received the following awards:  Distinguished Unit Citation (now known as the Presidential Unit Citation (PUC) for the period 30 June through 4 July 1951, which was awarded in Department of the Army General Order (DAGO) 33-55; the MUC for the period 1 December 1950 through 1 December 1951, which was awarded in DAGO 58-33; and the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 18 April through 11 May 1951.  It also shows that during this period, the unit was credited with participating in the CCF Spring Offensive and the UN Summer Fall Offensive campaigns of the Korean War.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that awards he earned were not included on his DD Form 214 was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was awarded the CMB in Headquarters, 7th Infantry Division Special Orders 118, dated 12 June 1951, as evidence by an entry in Section 21 of his WD AGO Form 24A.  

3.  The record further shows that based on his active duty service during the Korean War and his service and campaign participation in Korea, he is authorized the NDSM, PUC, MUC, ROKPUC, ROKWSM, and 2 bronze service stars for wear on his KSM.

4.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM, and he received “Excellent” conduct and efficiency ratings and a favorable AGCM recommendation from his unit commander in Korea.  Therefore, as corroborated by the OTAG in the TAGO Form 0657 issued on 18 June 1956, the applicant is eligible to be awarded the AGCM.  Therefore, it would be appropriate and serve the interest of equity and justice to award him the AGCM for his qualifying period of active duty service from 9 November 1950 through
31 March 1953, and to add this award to the list of awards contained on his separation document at this time.  

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.  awarding him the Army Good Conduct Medal for his qualifying period of active duty service from 9 November 1950 through 31 March 1953; 
   
   b.  amending Item 27 of his DD Form 214 by adding the National Defense Service Medal, Army Good Conduct Medal, Combat Medical Badge, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal;
   c.  deleting the Korean Service Medal with 1 bronze service star and replacing it with the Korean Service Medal with 2 bronze service stars; and 
   
   d.  providing him a correction to his separation document that includes these changes.



      _________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)                                         AR20080015444



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ABCMR Record of Proceedings (cont)                                         AR20080015444



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