IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090003266 


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 reflect all U.S. Army, United Nations, and foreign awards he may have earned, and the reissuance of all awards and decorations.  Specifically, he requests:

	a.  award of the Army Commendation Medal, Good Conduct Medal, and Korea Defense Service Medal; and

	b.  award of the Republic of Korea Presidential Unit Citation, Fiftieth Anniversary Korean Commemorative, Overseas Service Commemorative Medal, the United Nations Military Service Commemorative, the Combat Service Commemorative Medal, the Honorable Service Commemorative Medal, and the American Defense Commemorative Medal.

2.  The applicant states that several awards, medals, and decorations were authorized after his discharge; therefore, his DD Form 214 does not reflect them. He adds that his family members desire to have the awards mounted in a shadow box and he desires his DD Form 214 to be accurate.  

3.  The applicant provides a copy of his DD Form 214, dated 23 October 1954; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 23 January 1995; a copy of Letter Orders Number 7163, issued by Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, dated 31 December 1960; and a number of catalogue photographs of the various medals that he requested.

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.  Requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the specific branch of the military in which the veteran served.  However, for Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The online address http://www.archives.gov is preferred for requesting medals and awards.  However, the applicant may also submit a request using the appropriate form (Standard Form 180) to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100.  Therefore, the issue of replacement medals will not be discussed further in the Record of Proceedings.

4.  With respect to the issuance of commemorative medals, most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official US military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Army Regulation 600-8-22 (Military Awards) provides that such medals may not be shown on the DD Form 214.  In addition, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wear of commemorative medals.  Some commemorative medals are authorized by the United States Congress and minted by the US Mint.  However, award of such medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document. 

5.  With respect to the Army Commendation Medal, this medal will also not be discussed further in the Record of Proceedings as it is already correctly shown on the applicant’s DD Form 214 as the Commendation Ribbon Pendant, as it was known at the time.  According to an official Headquarters, Department of the Army (DA) website http://www.tioh.hqda.pentagon.mil, it is noted that:

	a.  on 5 November 1945, the War Department Personnel Division recommended that an Army Commendation Ribbon of distinctive design be established to recognize meritorious service in an area at a time for which the Bronze Star Medal may not be awarded.  The recommendation was approved by the Secretary of War and the ribbon was established by War Department Circular 377, dated 18 December 1945.  This circular authorized award to members of the Armed Forces of the United States serving in any capacity with the Army for meritorious service rendered since 7 December 1941, not in sustained operational activities against an enemy nor in direct support of such operation, i.e., in areas and at times when the Bronze Star Medal may not be awarded because of its operational character.  Authority to award the Commendation Ribbon was delegated to Major Generals or commanders of any command, force or installation normally commanded by Major Generals; 

	b.  in a Disposition Form (DF), dated 29 April 1948, to the Quartermaster General, the Personnel & Administration Division indicated that the Secretary of the Army and the Secretary of the Air Force had authorized a medal pendant to be established for the Commendation Ribbon and requested that a proposed design be prepared.  The design was approved by both Secretaries on 8 July 1948.  The Medal Pendant for Commendation Ribbon was announced in Department of the Army (DA) Circular 91 dated 20 July 1949.  On 20 March 1950, the Secretary of the Navy approved the Navy Commendation Ribbon, and authorized use of the same pendant with a different ribbon on 6 April 1950; and 

	c.  DA General Order No. 10, dated 31 March 1960, renamed the Commendation Ribbon with Medal Pendant to the Army Commendation Medal.  President Kennedy, in a memorandum to the Secretary of Defense, dated 1 June 1962, authorized the award of the Army Commendation Medal to members of the Armed Forces of friendly foreign nations who, after 1 June 1962, distinguished themselves by an act of heroic, extraordinary achievement, or meritorious service.  


6.  The available evidence shows that on 8 January 1953, the applicant was inducted and entered the Army of the United States in an active duty status for a period of 2 years in the rank of private (PV1)/E-1.

7.  The applicant's DD Form 214 shows he held an infantry military occupational specialty and that his most significant assignment was with Headquarters, IX Corps.  He completed 1 year, 9 months, and 16 days of military service, 1 year, 4 months, and 7 days of which was foreign service.  Available assignment orders show he was to report to Camp Stoneman, CA on 1 June 1953, presumably for assignment to Korea.

8.  On 26 August 1953, Headquarters, 40th Infantry Division, Army Postal Office (APO) 6 (Korea) published Special Orders Number 235 announcing the applicant’s promotion to private first class (PFC)/E-3. 

9.  The applicant’s records show that he was honorably separated at Camp Kilmer, NJ, in the rank of sergeant first class (Temporary) and transferred to the U.S. Army Reserve on 23 October 1954.

10.  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 Korean Service Medal with one bronze service star, the United Nations Service Medal, the Commendation Ribbon Pendant (Special Orders Number 113, issued by Headquarters, 40th Infantry Division, on 6 May 1954, and the National Defense Service Medal.  

11.  Item 38 (Remarks) of the applicant’s DD Form 214 shows the entry “no days lost.” 

12.  The applicant's reconstructed records do not contain orders awarding him the Good Conduct Medal.

13.  The applicant's reconstructed record contains a copy of Special Orders Number 235, issued by Headquarters, 40th Infantry Division, Korea, on 26 August 1953 announcing the applicant's promotion to private first class (PFC)/E-3.

14.  Army Regulation 600-65 (Service Medals), 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.

15.  Army Regulation 600-8-22 (Military Awards) 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, and 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  

16.  Army Regulation 600-8-22 provides for award of the Republic of Korea Presidential Unit Citation.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam and/or Korea, including the Republic of Korea Presidential Unit Citation.  This pamphlet does not show the 40th Infantry Division was awarded the Republic of Korea Presidential Unit Citation.

17.  Review of the applicant's reconstructed records indicates his entitlement to additional awards which are not shown on his DD Form 214.

18.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Good Conduct Medal, at the time of the applicant’s service, 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.  Nevertheless, the evidence of record confirms that the applicant served honorably from 8 January 1953 to 23 October 1954 with no lost time.  He completed 1 year, 4 months, and 7 days of foreign service and attained the rank of sergeant first class.  It appears from the preponderance of the available evidence that it would be appropriate to award the applicant the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The available evidence shows the applicant completed 1 year, 4 months, and 7 days of foreign service.  It is therefore reasonable to presume that the applicant completed at least 30 consecutive days or 60 non-consecutive days in Korea on or after 28 July 1954 which would qualify him for award of the Korea Defense Service Medal and correction of his records to show this award.

3.  The available evidence shows that the applicant had a reporting date to California on 1 June 1953, presumably for shipment to Korea.  He was awarded the Korean Service Medal with one bronze service star.  It appears that the applicant met the criteria for award of the Republic of Korea War Service Medal.

4.  With respect to the Republic of Korea Presidential Unit Citation, the applicant's reconstructed records do not reveal the applicant's specific unit of assignment in Korea.  His promotion orders and award of the Army Commendation Medal were issued by the 40th Infantry Division.  This unit was not awarded the Republic of Korea Presidential Unit Citation.  Therefore, the applicant is not eligible for this award.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 January 1953 through 23 October 1954; and

	b.  adding the Good Conduct Medal (1st Award), the Republic of Korea War Service Medal, and the Korea Defense Service Medal to the applicant’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 Republic of Korea Presidential Unit Citation.




      _______ _   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)                                         AR20090003266



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ABCMR Record of Proceedings (cont)                                         AR20090003266



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