IN THE CASE OF:	  

		BOARD DATE:	  11 June 2009

		DOCKET NUMBER:  AR20090001914 


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) to show award of the Korean Service Medal and the United Nations Service Medal.

2.  The applicant states that he deserves to have his medals listed correctly on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 3 September 1954, 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 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 applicant's DD Form 214 shows that he was inducted into the Army of the United States in Cincinnati, OH, and entered active service on 25 September 1952, in the rank/grade of private (PV1)/E-1.  At the time of his release from active duty (REFRAD) on 3 September 1954, he held military occupational specialty (MOS) 1666 (Medical Aidman) and attained the rank/grade of corporal (CPL)/E-4.  His most significant duty assignment was with Medical Company, 7th Cavalry Regiment.  He was subsequently transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.

4.  The applicant’s DD Form 214 further shows that he completed 1 year, 11 months, and 9 days of creditable military service, of which 1 year, 6 months, and 8 days was foreign service.

5.  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 National Defense Service Medal and the Good Conduct Medal.  

6.  According to the unofficial 7th Cavalry Regiment Association website, the    7th Cavalry Regiment is a subordinate command of the 1st Cavalry Division, a heavily armored division stationed at Fort Hood, TX.  On 18 July 1950, the 1st Cavalry Division was ordered to Korea.  Initially scheduled to make an amphibious landing at Inchon, it was redirected to the southeastern coast of Korea at Pohang-dong, a port 80 miles north of Pusan.  The North Korean forces were 25 miles away when elements of the 1st Cavalry Division swept ashore to successfully carry out the first amphibious landing of the Korean War.  Its initial mission was to establish the Pusan Perimeter.  By 22 July 1950, all regiments were deployed in battle positions.  On 14 February 1951, heavy fighting erupted around an objective known as Hill 578, which was finally taken by the 7th Cavalry after overcoming stiff Chinese resistance.  During this action, General MacArthur paid a welcome visit to the 1st Team.  The 1st Cavalry slowly advanced though snow and later, when it became warmer, through torrential rains.  The Red Army was slowly, but firmly, being pushed back.  On 14 March 1951, the 3rd Battalion, 8th Cavalry had crossed the Hangchon River and on 15 March 1952, Seoul was recaptured by elements of the 8th Army.  New 
objectives were established to keep the Chinese from rebuilding and resupplying their forces and to advance to the "Kansas Line," which roughly followed the 38th Parallel and the winding Imjin River.  On 12 December 1952, the 7th Regiment, the 77th Field Artillery Battery, and Battery "B," 29th Antiaircraft Battalion set sail for Pusan to relieve the 8th Regiment who had previously rotated back to Korea. On 10 February 1953, the 5th Cavalry Regiment, 61st Field Artillery Battalion, and Battery "A," 29th AAA AW Battalion, departed from Otaru, Japan for Pusan and Koje-do, Korea to relieve the 7th Cavalry.  All elements of the 7th Cavalry returned to Hokkaido, Japan by 20 February 1953.

7.  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: 

	a.  is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander-in-Chief, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

	b.  the service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Korean Service Medal and the United Nations Service Medal.  
2.  The applicant’s DD Form 214 shows his most significant assignment was with the 7th Cavalry Regiment.  Notwithstanding the fact that the applicant completed 1 year, 6 months, and 8 days of foreign service, there is no clear indication in his reconstructed records that establishes his service with the 7th Cavalry in Japan or in Korea.  According to the unofficial 7th Cavalry Regiment Association web site, all elements of the 7th Cavalry returned to Hokkaido by 20 February 1953.  

3.  If the 7th Cavalry returned to Japan by 20 February 1953, it is very likely that the applicant completed most if not all of his foreign service in Japan rather than Korea and, therefore, would not have qualified for award of the Korean Service Medal or the United Nations Service Medal.  As a result, there is insufficient evidence to award the applicant either award in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X__  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090001914



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ABCMR Record of Proceedings (cont)                                         AR20090001914



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