IN THE CASE OF:	

		BOARD DATE:	  16 April 2009

		DOCKET NUMBER:   AR20080016850


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the National Defense Service Medal (NDSM), the Marksman Marksmanship Qualification Badge with Carbine Bar, and three Overseas Service Bars.

2.  The applicant states, in effect, that the omission from his DD Form 214 was probably due to an administrative error.

3.  The applicant provides a DD Form 214; National Personnel Records Center (NPRC) letter, dated 13 October 2005; NPRC letter, dated 29 August 2008; letter from Senator Rockefeller IV, dated 20 September 2008; and his DD Form 230 (Service Record) covering the inclusive period of service from 5 March 1953 to     1 April 1957 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records or provided by the applicant.

3.  The applicant's available records show he was inducted into the Army of the United States on 3 January 1951.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 4345 (light truck driver).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/pay grade E-3.

4.  Section 4 (Service Outside Continental United States) of the applicant's 
DD Form 230 shows he served in Korea during the period 9 January 1952 through 4 February 1953.  Section 3 (Organizations to Which Assigned and Attached) of the applicant's DD Form 230 shows that during his tour of duty in Korea he was assigned to the 3d Quartermaster Company, 3d Infantry Division.

5.  The applicant's DD Form 214 shows that on 4 March 1953 he was released from active duty and transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 15 days of creditable active duty service with 77 days of lost time.  He completed 1 year, 2 months, and 8 days of overseas service.

6.  The applicant's DD Form 230, section 9 (Medals, Decorations, and Citations) and DD Form 214, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show the Korean Service Medal (KSM) with two bronze service stars and the United Nations Service Medal.

7.  The NPRC letter, dated 13 October 2005, indicates that the applicant is entitled to the National Defense Service Medal, Korean Service Medal with two bronze service stars, United Nations Service Medal, and the Marksman Marksmanship Qualification Badge with Carbine Bar.  It also indicates the applicant is authorized the Republic of Korea Presidential Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 June 1950 through 27 July 1954.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.

10.  One overseas service bar is authorized for each six-month period of active Federal service as a member of a U.S. Service in Korea, from 27 June 1950 until 27 July 1954, both dates inclusive.  The months of arrival to and departure from the hostile fire pay area are counted as whole months.

11.  The DA AGO Form 20 (Soldier's Qualification Card), item 32 (Qualification in Arms) shows the applicant qualified for the Marksman Marksmanship Qualification Badge with Carbine Bar.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by the units which served in the Korean conflict.  This document does not show that the unit to which the applicant was assigned was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period the applicant served in Korea.

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

14.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense (Force Management Policy) for acceptance and wear by veterans of the Korean War.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served 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.  Department of the Army Pamphlet 672-1 shows the unit the applicant was assigned to while serving in the Republic of Korea was awarded the Meritorious Unit Commendation based on Department of the Army General Orders Number 1-54.


16.  Department of the Army Pamphlet 672-1 shows the unit the applicant was assigned to while serving in the Republic of Korea was awarded the Bravery Gold Medal of Greece based on Department of the Army General Orders Number 2-56.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  Available evidence shows the applicant served for a qualifying period of honorable active service during the period 27 June 1950 through 27 July 1954.  Therefore, he is entitled to award of the National Defense Service Medal and correction of his DD Form 214 to show this award.

2.  The governing Army regulation provides that one overseas service bar is authorized for each period of six months active Federal service as a member of a United States Service in Korea.  Evidence shows that in counting both the month of arrival and the month of departure from Korea the applicant served 14 creditable months in Korea for the purpose of the overseas service bar.  Therefore, he is entitled to wear two overseas service bars.  However, since the overseas service bar is not an award or decoration under the provisions of Army Regulation 600-8-22, there is no basis for adding the overseas service bars to his DD Form 214.

3.  The available evidence of record shows the applicant qualified for the Marksman Marksmanship Qualification Badge with Carbine Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  Available evidence shows the applicant served during a qualifying period between 25 June 1950 and 27 July 1953, 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.  Therefore, the applicant is entitled to award of the Republic of Korea War Service Medal and correction of his DD Form 214 to show this award.

5.  General Orders awarded the applicant's unit the Meritorious Unit Commendation during a period of time the applicant was assigned to the unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
6.  Department of the Army General Orders Number 2-56 shows the unit the applicant was assigned to while serving in the Republic of Korea was awarded the Bravery Gold Medal of Greece.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.
 
7.  In the absence of corroborating evidence that the applicant served in a unit during a period of time the unit was cited for award of the Republic of Korea Presidential Unit Citation, there is insufficient evidence upon which to base award of the Republic of Korea Presidential Unit Citation.

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 adding to item 27 of the applicant's DD Form 214 the National Defense Service Medal, Republic of Korea War Service Medal, Meritorious Unit Commendation, the Bravery Gold Medal of Greece, and the Marksman Marksmanship Qualification Badge with Carbine Bar.

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 3 overseas service bars.




      ___________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)                                         AR20080016850



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ABCMR Record of Proceedings (cont)                                         AR20080016850



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