IN THE CASE OF:	  

		BOARD DATE:	        21 April 2009

		DOCKET NUMBER:   AR20080019173 


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 Presidential Unit Citation with one oak leaf cluster, National Defense Ribbon for Korean Service [correctly known as the National Defense Service Medal], Republic of Korea Presidential Unit Citation, Good Conduct Medal, "Overseas Service Commemorative Medal," Airborne Medal [correctly known as the Parachutist Badge], Air Assault Medal [correctly known as the Air Assault Badge], United Nations Service Medal, Korean Service Medal, "U.S. Army Commemorative Medal," American Defense Service Medal, and the "Honorable Service Commemorative Medal."

2.  The applicant states, in effect, he has two periods of service and the medals are not listed on his DD Forms 214.

3.  The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 13 July 1953, and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 November 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 enlisted in the Regular Army on 23 June 1950 for three years.  He served at Fort Knox, KY during the period from 24 June to 1950 to
12 November 1950 and at Fort Campbell, KY during the period from 
13 November 1950 until he was honorably released from active duty on 13 July 1953.  He had completed 3 years of creditable active service with 21 days of lost time.  The Parachutist Badge is listed on his DD Form 214 for this period of service.

3.  Section 13 (Record of Trials by Court Martial) of the applicant's WD AGO Form 24A (Service Record) shows he was convicted by a summary court-martial on 1 March 1952.

4.  On 11 August 1954, he again enlisted for three years and completed 3 years, 3 months, and 2 days of active military service on this enlistment.  He attained the rank of SGT/E-5 and his DA Form 24 shows "excellent" conduct and efficiency ratings throughout this period of service.

5.  Block 26 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 12 November 1957 shows the entry "None."

6.  Section 5 (Service Outside Continental United States) of the applicant's 
DA Form 24 shows he served in Japan from 5 October 1954 to 21 November 1954 and the Republic of Korea from 23 November 1954 to 16 January 1956.

7.  On 12 November 1957, the applicant was discharged by reason of temporary disability and placed on the Temporary Disability Retired List in the rank of sergeant.

8.  The applicant is also requesting the Overseas Service Commemorative Medal, U.S. Army Commemorative Medal, and the Honorable Service Commemorative Medal.  Army Regulation 600-8-22 (Military Awards) does not show these commemorative medals as authorized awards.


9.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10.  Army Regulation 600-8-22 also 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.

11.  Army Regulation 600-65 (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.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

13.  Army Regulation 600-8-22 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.

14.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

16.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully reviewed and found to have partial merit.

2.  In reference to award of the Overseas Service Commemorative Medal, U.S. Army Commemorative Medal, and the Honorable Service Commemorative Medal, these commemorative awards are not governed by or shown as authorized awards under Army Regulation 600-8-22.  Therefore, there is no basis for granting relief on this portion of the applicant's request.


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

4.  In reference to award of the Good Conduct Medal, evidence of record shows the applicant was convicted by a summary court-martial during his first term of service.  Therefore, he was not eligible for this award for his first period of service from 23 June 1950 through 13 July 1953.

5.  However, there is no evidence the applicant received the Good Conduct Medal for his second period of service from 11 August 1954 to 12 November 1957.  He was discharged in the rank of sergeant after completing 3 years,
3 months, and 2 days of creditable active service with no lost time.  His records for this period do not contain any adverse information or disqualification by his command.  DA Form 24 also shows the applicant received "excellent" conduct and efficiency ratings throughout this period of service.  It appears he met the eligibility criteria for award of the Good Conduct Medal (first award) for the period from 11 August 1954 to 10 August 1957.  Therefore, he should be awarded the first award of the Good Conduct Medal and his records should be corrected to show this award.

6.  Evidence shows the applicant served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

7.  The Parachutist Badge is already listed on his DD Form 214 for the period ending 13 July 1953; therefore, no correction needs to be made to his records in regard to this award.

8.  There is no evidence in the applicant's records showing he served with a unit which was awarded the Presidential Unit Citation or the Republic of Korea Presidential Unit Citation while he was assigned to them.  Therefore, he is not entitled to either award.

9.  In reference to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide any evidence which shows he completed the Air Assault Course.  Therefore, he is not entitled to this award.

10.  The applicant did not serve a period of qualifying service for award of the United Nations Service Medal, the Korean Service Medal, or the American Defense Service Medal.  Therefore, he is not entitled to these awards.


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.  awarding the applicant the Good Conduct Medal (first award) for the period 11 August 1954 to 10 August 1957; and
   
   b.  adding to block 26 of his DD Form 214 for the period ending 12 November 1957 the Good Conduct Medal, National Defense Service Medal, and the Korea Defense 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 award of the Overseas Service Commemorative Medal, U.S. Army Commemorative Medal, Honorable Service Commemorative Medal, Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Air Assault Badge, United Nations Service Medal, Korean Service Medal, and the American Defense Service Medal.



      ___________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)                                         AR20080019173



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019173



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1