IN THE CASE OF:	  

		BOARD DATE:	        12 February 2009

		DOCKET NUMBER:  AR20080017030 


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) as follows:

	a.  Show his place of birth as Baltimore, Maryland, instead of Baltimore, New York; and 

	b.  Add award of the United Nations Service Medal, the National Defense Service Medal, the Korean Campaign Medal (i.e Korean Service Medal with campaign stars), the Good Conduct Medal, the Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation. 

2.  The applicant states that his DD Form 214 incorrectly lists his place of birth.  He adds that he was assigned to the Yokohama Post Signal Service Detachment (YPSSD) or the 72nd Signal Battalion in Yokohama, Japan, for 14 months, and the 304th Signal Battalion in Korea from September 1950 to November 1951, but he did not provide any supporting documentation to show his units of assignment.

3.  The applicant provides a copy of his DD Form 214, dated 28 May 1952; a copy of his birth certificate, dated 1 July 1930; and a certificate of baptism, dated 20 July 1930, in support of his request.




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 facts and circumstances surrounding the applicant's enlistment and/or entry on active duty are not available for review with this case.  However, his 
DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active duty in Richmond, Virginia, on 26 August 1948.  This form also shows that at the time of separation, he held military occupational specialty (MOS) 3097 (Installer Repairman) and that his most significant duty assignment was with Company A, 714th Transportation Railway Operations Battalion.

4.  The applicant’s DD Form 214 further shows he was involuntarily extended for a period of 1 year and that he completed 3 years, 9 months, and 3 days of active duty service, 2 years, 6 months, and 8 days of which was foreign service.  He was honorably separated on 28 May 1952.  

5.  Item 11 (Place of Birth) on the DD Form 214 he was issued shows the entry   “Baltimore, New York." 

6.  The applicant submitted a copy of his birth certificate, dated 1 July 1930; and his certificate of baptism, dated 20 July 1930, showing he was born and was baptized in Baltimore, Maryland.


7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal (Japan), the Korean Service Medal with five bronze service stars, and the Meritorious Unit Commendation.

8.  Army Regulation (AR) 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

9.  AR 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the 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.

10.  AR 600-8-22 provides for award of the Republic of Korea War Service Medal.  The Government of the Republic of Korea issued the Republic of Korea 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 Republic of Korea War Service Medal.  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.

11.  AR 600-8-22 provides for award of the Republic of Korea Presidential Unit Citation.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.



12.  AR 672-5-1 (Military Awards), 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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 304th Signal Battalion was awarded the Meritorious Unit Commendation from July 1950 to January 1951 based on Department of the Army General Orders Number 72, dated 1951.  This pamphlet however, does not show the 304th Signal Battalion as a recipient of the Presidential Unit Citation and/or the Republic of Korea Presidential Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show his correct place of birth and all awards and decorations he may have earned during his military service.

2.  The evidence of records shows the applicant was born in Baltimore, Maryland; however, his DD Form 214 incorrectly shows his place of birth as Baltimore, New York.  Therefore, he is entitled to correction of his records to show his place of birth as Baltimore, Maryland.

3.  The evidence of records shows the applicant served in Korea and participated in five campaigns during his service.  He was awarded the Korean Service Medal with five bronze service stars which are already shown on his DD Form 214.  Furthermore, he is also entitled to award of the United Nations Service Medal and correction of his records to show this award.

4.  The evidence of record shows the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows the applicant completed 3 years, 9 months, and 3 days of active military service, 2 years, 6 months, and 8 days of which was foreign service.  He was awarded the Korean Service Medal with five bronze service stars.  It is therefore reasonable to say he served at least 30 consecutive days or 60 non-consecutive days, within the territorial limits of Korea, which is a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, he should be entitled to correction of his records to show this award.

6.  The available evidence confirms the applicant served honorably during the period 26 August 1948 through 28 May 1952.  He attained the rank of CPL/E-4, completed 2 years, 6 months, and 9 days of foreign service, and participated in five campaigns in Korea.  Additionally, there is no evidence of derogatory information, or lost time that would have disqualified him for the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal based on completion of a qualifying period of service.

7.  There is no evidence that the applicant's unit in Korea was authorized the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation while he was assigned to the unit.  Additionally, there is no evidence that he was assigned to any other unit that was authorized these awards while he was assigned to the unit.

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: 

	a.  deleting the entry "Baltimore, New York" from Item 11 of his DD Form 214, dated 28 May 1952, and adding the entry "Baltimore, Maryland"; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 August 1948 through 25 August 1951; and

	c.  adding the United Nations Service Medal, the National Defense Service Medal, the Republic of Korea War Service Medal, and the Good Conduct Medal (1st Award) to his DD Form 214, dated 28 May 1952.

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 Presidential Unit Citation and/or the Republic of Korea Presidential Unit Citation.



															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)                                         AR20080017030



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017030



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1