DOCKET NUMBER:  AR20090002320 


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 that his late father's military records be corrected to show the Presidential Unit Citation (PUC), the Republic of Korea Presidential Unit Citation (ROKPUC), the Republic of Korea War Service Medal, the Combat Infantryman Badge (CIB), the Meritorious Unit Commendation (MUC), the Armed Forces Reserve Medal (AFRM), the Supreme Headquarters Allied Powers Europe (SHAPE) Badge, the Polish Guard Badge, and a letter of commendation and certificate of achievement. 

2.  The applicant states, in effect, that the items were omitted from the FSM's records due to an oversight.  He contends that the 2nd Infantry Division received the PUC during the Korean War; that the FSM is entitled to the KWSM for his combat service in Korea from 1952 to 1953; that he is entitled to the CIB for his service with the Military Police Company, 2nd Infantry Division; that he is entitled to the SHAPE Badge for his service during the period 1954-1957 and 1961-1965; that he was awarded a certificate of achievement on 30 June 1964, that he received a letter of commendation on 11 August 1961; that he received the Polish Guard Badge; and the he is entitled to the Armed Forces Reserve Medal for 10 years of honorable service in a Reserve component.    

3.  The applicant provides an email, dated 6 March 2009; the FSM's death certificate; his birth certificate; a letter of commendation, dated 10 August 1961; excerpts from the FSM's service record; a DD Form 214 (Report of Transfer or Discharge) for the period ending 31 March 1968; a DD Form 215 (Correction to DD Form 214); a DD Form 214 for the period ending 20 September 1960; a WD AGO Form 53 (Enlisted Record and Report of Separation); two certificates of achievement; a letter of commendation, dated 11 August 1961; a certificate for the Polish Guard Badge; and an Honorable Discharge certificate from the Retired Reserve 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 enlisted in the Regular Army on 11 June 1947 and trained as a security man.  He remained on active duty through continuous reenlistments.  His service record shows he served as a military policeman assigned to the 2nd Military Police Company in Korea from 27 January 1952 through 5 October 1952 and he served as a military policeman assigned to the 3rd Military Police Criminal Investigation Detachment in Korea from 6 October 1952 through 2 March 1953.  He served as a criminal investigator in Europe (SHAPE) from 2 May 1954 through 27 June 1957.  On 20 September 1960, he was honorably discharged to accept appointment as a warrant officer.  He had served 13 years, 3 months, and 11 days of total active service.  

3.  The FSM's WD AGO Form 53 for the period ending 13 December 1949 does not show any awards or decorations.  His DD Form 214 for the period ending 
26 January 1956 is not available but his service record shows he was awarded the Good Conduct Medal (3rd award), the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.  His DD Form 214 for the period ending 20 September 1960 shows the Good Conduct Medal (4th award).   

4.  The FSM was appointed a warrant officer one on 21 September 1960 and served on active duty as a criminal investigator until he was honorably released from active duty as a chief warrant officer three on 31 March 1968.  He was transferred to the Retired List on 1 April 1968.  He had served 20 years, 
9 months, and 20 days of total active service.   
5.  The FSM's DD Form 214 for the period ending 31 March 1968 shows the Army Commendation Medal and the Office of the Secretary of Defense Identification Badge as authorized awards.

6.  There are no orders for the CIB in the available records.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II and Korea.  This document shows the 3rd Military Police Criminal Investigation Detachment was cited for the Meritorious Unit Commendation for actions during the period 1 June 1952 to 27 July 1953 based on Department of the Army General Orders number 78, dated 1953.

8.  Department of the Army Pamphlet 672-1 shows the FSM's units were not cited for award of the PUC or the ROKPUC while he was assigned to them.

9.  A DD Form 215 (Correction to DD Form 214) amended the FSM's DD Form 214 for the period ending 31 March 1968 by adding the Joint Service Commendation Medal, the Good Conduct Medal with 4 bronze loops, the National Defense Service Medal with First Oak Leaf Cluster, the Korean Service Medal with three bronze service stars, and the United Nations Service Medal. 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PUC 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. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean Government.  

12.  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.

13.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
 
14.  Army Regulation 600-8-22, in pertinent part, provides for award of the AFRM.  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.  

15.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation.  The SHAPE Badge and the Polish Guard Badge are not listed in Table D-1(Foreign Badges).

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The FSM’s units in Korea were not cited for award of the PUC or the ROKPUC while he was assigned to them.  Therefore, there is insufficient evidence on which to base award of these unit awards.

2.  The FSM served a period of qualifying service for award of the Republic of Korea War Service Medal.  

3.  There are no orders for the Combat Infantryman Badge.  The evidence of record shows the FSM served as a military policeman assigned to a military police company and the Military Police Criminal Investigation Detachment during his assignment in Korea.  There is no evidence of record which shows the FSM held an infantry military occupational specialty and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Korea.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4.  Department of the Army Pamphlet 672-1 shows the FSM’s unit 
(3rd Military Police Criminal Investigation Detachment) was cited for the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 31 March 1968 should be corrected to show this unit award. 

5.  The FSM did not serve a period of qualifying service for the AFRM.  Therefore, there is insufficient evidence on which to base award of the AFRM in this case.  

6.  Since the governing regulation does not show the SHAPE Badge or the Polish Guard Badge as authorized foreign badges, there is no basis for granting the applicant's requested relief on these badges. 

7.  The governing regulation states that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting the applicant's requested relief on these issues.







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 Republic of Korean War Service Medal and the MUC to the FSM's DD Form 214 for the period ending 31 March 1968.

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 amending the FSM's military records to show the PUC, ROKPUC, the CIB, the AFRM, the SHAPE Badge, the Polish Guard Badge, letters of commendation, or certificates of achievement. 
  




      _______ _   _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)                                         AR20090002320





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002320



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1