IN THE CASE OF:	  

		BOARD DATE:	        18 FEBRUARY 2009

		DOCKET NUMBER:  AR20080016101 


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 issued a final Honorable Discharge Certificate and that he be awarded the Good Conduct Medal and any other awards that he may be entitled to receive.

2.  The applicant states that he never received a final Honorable Discharge Certificate.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's request be granted by the Board.

2.  Counsel states that the applicant's request amply advances his contentions and substantially reflects the probative facts needed by the Board for equitable review.

3.  Counsel provides no additional documents.

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 enlisted in the Regular Army in Detroit, Michigan on 18 March 1952 for a period of 3 years.  He completed his training and was awarded the military occupational specialty of a field wireman (1740).

4.  While it cannot be determined from the available records exactly when and where the applicant served overseas, it is apparent that he served with the 1st Battalion, 14th Infantry Regiment and that he served in Korea.  He served a total of 1 year, 9 months and 21 days of foreign and/or sea service and he was promoted to the rank of corporal on 11 June 1954. 

5.  On 17 March 1955, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS) at Fort Sheridan, Illinois and was transferred to the Army Reserve Illinois Military District to complete his 8 years of service under the Uniform Military Training and Service Act.  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the United Nations Service Medal, the Korean Service Ribbon and the National Defense Service Medal.

6.  There is no indication in the available records to show that he was ever issued an Honorable Discharge Certificate upon completion of his 8-year statutory service obligation on 17 March 1960.

7.  The Government of the Republic of Korea issued the Korean War Service Medal (KWSM) 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.

8.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  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, for first award only, 1 year served entirely during the period        7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  While it cannot be determined with any degree of certainty if an Honorable Discharge Certificate was ever issued to the applicant, the applicant is entitled to receive a final discharge certificate upon completion of his Statutory Service Obligation.  Accordingly, it would be in the interest of justice to issue him an Honorable Discharge Certificate that discharges him on 17 March 1960.  

2.  Unfortunately, the available records do not contain enough evidence to show that he met the criteria for award for the Good Conduct Medal.  The available documentation is simply not sufficient to warrant granting this portion of the applicant's request.

3.  However, the evidence of record does show that he is entitled to the award of the KWSM and it would be in the interest of justice to award it to him at this time.

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 issuing him an Honorable Discharge Certificate showing that he was honorably discharged on 17 March 1960 and by awarding him the KWSM and adding it to his records. 

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 award of the Good Conduct Medal.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080016101



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016101



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1