IN THE CASE OF:	  

		BOARD DATE:	        26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018863 


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 retirement DD Form 214 (Report of Separation from Active Duty) for the period ending 31 July 1976 to show award of the Korean Service Medal with one bronze service star.

2.  The applicant states, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 4 June 1954 shows he was awarded the Korean Service Medal with one bronze service star; however, his retirement DD Form 214 only shows entitlement to the Korean Service Medal.  He contends that failure to correct his retirement DD Form 214 might place an undue burden on his wife in proving that he served in Korea during the Korean War.

3.  The applicant provides a copy of his DD Form 214 for the period ending 4 June 1954, a copy of his retirement DD Form 214, and orders for the Army Commendation Medal with First Oak Leaf Cluster.

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 was inducted into the Army of the United States on 10 June 1952.  He served in Korea and was released from active duty on 4 June 1954.

3.  The applicant's DD Form 214 for the period ending 4 June 1954 shows, among other awards, the Korean Service Medal with one bronze service star as an authorized award.

4.  The applicant's Service Record shows that he served in Korea from 17 June 1953 to 27 July 1953 and that he participated in one campaign (Korea, Summer 1953) during his assignment in Korea.

5.  The applicant enlisted in the Regular Army on 21 December 1956 and remained on active duty through continuous reenlistments until he retired on 31 July 1976 in the rank of sergeant first class.

6.  The applicant's DD Form 214 for the period ending 5 March 1959 shows, among other awards, the Commendation Ribbon with Pendant [currently known as the Army Commendation Medal] as an authorized award.

7.  The applicant's DD Form 214 for the period ending 31 July 1976 shows the Good Conduct Medal (7th award), the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Army Commendation Medal, the Republic of Korea Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

8.  The applicant provided a copy of Headquarters, U.S. Army Ordnance Center and School, Permanent Orders 1-5, dated 1 July 1976, which shows he received the Army Commendation Medal with First Oak Leaf Cluster for the period 26 June 1973 to 31 July 1976.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

11.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:

	a.  while on permanent assignment,

	b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or 

	c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 31 July 1976 shows entitlement to the Korean Service Medal.  However, based on his service in Korea from 17 June 1953 to 27 July 1953 and participation in one campaign, he is eligible for the Korean Service Medal with one bronze service star.  Therefore, his DD Form 214 for the period ending 31 July 1976 should be corrected to show the addition of one bronze service star to his previously-awarded Korean Service Medal.

2.  The applicant's DD Form 214 for the period ending 31 July 1976 shows the Army Commendation Medal as an authorized award.  However, orders show he received the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, this DD Form 214 should be corrected to show this award.

3.  The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending 31 July 1976 should be corrected to show this medal.



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 amending his DD Form 214 for the period ending 31 July 1976 to show the Army Commendation Medal with First Oak Leaf Cluster, the Korean Service Medal with one bronze service star, and the Republic of Korea War Service Medal.



      ___________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)                                         AR20080018863



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ABCMR Record of Proceedings (cont)                                         AR20080018863



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