IN THE CASE OF:	   

		BOARD DATE:	       19 March 2009

		DOCKET NUMBER:   AR20080018985 


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, correction of his records to show award of the National Defense Service Medal, the United Nations Service Medal, Presidential Unit Citations, and any other awards he may be authorized.

2.  The applicant states, in effect, the awards were omitted from his records. 

3.  The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 are not available 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 to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 11 October 1950 and served as an infantryman.  He was released from active duty on
10 July 1952 and transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.

4.  Block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Combat Infantryman Badge, Korean Service Medal with four bronze service stars, and the Purple Heart with 1st oak leaf cluster as authorized awards.

5.  Block 28 (Most Significant Duty Assignment) shows the unit "Company B, 87th Reconnaissance Battalion," which was a unit serving in Korea during the Korean conflict.

6.  Army Regulation 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.

7.  Army Regulation 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.

8.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  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. 

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), is published to assist commanders and personnel officer in determining or establishing the eligibility of individual member for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet does not show that the 87th Reconnaissance Battalion was awarded any unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that awards were omitted from his records has been carefully reviewed and found to have merit.

2.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant was awarded the Korean Service Medal.  Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant also requested award of Presidential Unit Citations.  However, there is no evidence that his unit in Korea received any Presidential Unit Citations.  Department of the Army Pamphlet 672-1 does not show his unit, Company B, 87th Reconnaissance Battalion as receiving any award of the Presidential Unit Citation.  Therefore, there is no basis for granting the applicant's requested relief on this portion of his request.




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 block 27 of his DD Form 214 the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.

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 any Presidential Unit Citations.



												__________ 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)                                         AR20080018985



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018985



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1