IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20080020048 


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, as the son of a deceased former service member (FSM), requests, in effect, award of the Bronze Star Medal and any awards or decorations to which the FSM might be entitled for his service in Korea.   

2.  The applicant states, in effect, that the National Personnel Records Center does not contain any record of his father's service in Korea.  He contends that he is trying to obtain all of his father's awards for his service in Germany (i.e., during World War II) and Korea.  He also states that the Bronze Star Medal was awarded during his father's service in Korea.

3.  The applicant provides a letter, dated 18 November 2008, from the National Personnel Records Center, St. Louis, Missouri; a copy of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States); the FSM's birth certificate; the FSM's death certificate; his sister's birth certificate; and his birth certificate in support of his 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 FSM’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 FSM’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 FSM's WD AGO Form 100 (Separation Qualification Record) shows that he was an Army Air Force supply technician for 33 months during the period March 1946 to December 1948.  His WD AGO Form 53 (Enlisted Record and Report of Separation) is illegible.  Since it appears the FSM served with the Army Air Force during World War II, any request pertaining to this service falls within the jurisdiction of the Air Force.

4.  The FSM's DD Form 214 shows that he was ordered to active duty on 
27 September 1950.  He was released from active duty on 25 July 1951.  His DD Form 214 shows the Korean Service Medal with one bronze service star and the Meritorious Unit Commendation as authorized awards.

5.  There are no orders for the Bronze Star Medal in the available records. 

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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 as amended 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.  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.  There are no orders for the Bronze Star Medal in the available records.  Regrettably, therefore, there is insufficient evidence on which to show he was awarded this medal.  

2.  Based on award of the Korean Service Medal, the FSM is eligible for award of the United Nations Service Medal.  

3.  The FSM served a period of qualifying service for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  

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 the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal on the FSM's DD Form 214.  

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 Bronze Star 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)                                         AR20080020048





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ABCMR Record of Proceedings (cont)                                         AR20080020048



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