IN THE CASE OF:	

		BOARD DATE:	       6 AUGUST 2009

		DOCKET NUMBER:  AR20090003580 


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, the son of a deceased former service member (FSM), requests that his father's records be corrected to show entitlement to the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Republic of Korea Presidential Unit Citation (ROKPUC), and Republic of Korea War Service Medal (ROKWSM); and that he be provided a correction to the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) that includes these awards.  

2.  The applicant states, in effect, the National Personnel Records Center (NPRC) has authorized the awards in question and has requested the U.S. Army Tank and Automotive Command (TACOM), Philadelphia, Pennsylvania, issue the medal sets for these awards.  He further states that the U.S. Army Human Resources Command (HRC) has already authorized and sent the medal set for the ROKWSM.

3.  The applicant provides the following documents in support of his application:  FSM's Certification of Death; his Certificate of Live Birth; a power of attorney to the applicant by his mother, the surviving spouse of the FSM; NPRC Letters, dated 16 and 23 February 2009; DD Form 214; transmittal letter, dated 23 July 1952, for award of the Army Commendation Ribbon with Medal Pendant [now known as the Army Commendation Medal (ARCOM)], including General Orders and citation; Honorable Discharge Certificate, dated 9 October 1956; induction orders, dated 11 January 1951; Corporal (CPL) Promotion Orders, dated 16 May 
1952; Sergeant (SGT) Promotion Orders, dated 14 July 1952; and 45th Infantry Division Assignment Orders, dated 24 May 1951.    
CONSIDERATION OF EVIDENCE:

1.  The FSM's complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record that consists of his DD Form 214 and various documents that remain in the NPRC file and those provided by the applicant. 

2.  The FSM's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 31 January 1951.  It also shows he completed 1 year, 2 months, and 1 day of overseas service and that his most significant assignment was Battery B, 160th Field Artillery Battalion.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army of Occupation Medal (AOM) with Japan Clasp, Korean Service Medal (KSM) with 1 bronze service star, United Nations Service Medal (UNSM), and Commendation Ribbon with Metal Pendant.  It also confirms he was honorably released from active duty in the rank of SGT on 30 October 1952, after completing a total of 1 year and 9 months of active military service with no time lost.  He was subsequently transferred to the Enlisted Reserve Corps to complete his remaining Reserve obligation.

3.  The FSM's NPRC file is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  The file includes an NPRC letter, dated 16 February 2009, which authorized the FSM the ARCOM, AGCM, AOM with Japan Clasp, NDSM, KSM with 1 bronze service star, and UNSM.  A second NPRC letter, dated
23 February 2009, informed the applicant that the FSM was authorized the ROKPUC.  The NPRC file also contains 45th Infantry Division General Orders (GO) Number 300, dated 23 July 1952, which awarded the FSM the Commendation Ribbon with Metal Pendent for his service in Korea, with Battery B, 160th Field Artillery Battalion, 45th Infantry Division, from 28 December 1951 through 16 July 1952.

4.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-10 contains guidance on award of the NDSM and states, in pertinent part, that it was authorized for any active duty service performed between 27 June 1950 and 27 July 1954.  Chapter 4 contains guidance on award of the AGCM.  It states, in pertinent part, that that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity 
during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

5.  Paragraph 5-9 of the awards regulation contains guidance on the KSM and states, in pertinent part, that a bronze service star is authorized with this award for every campaign a member was credited with participating in while serving in Korea.  Paragraph 9-16 contains guidance on award of the ROKWSM and states, in pertinent part, that it is authorized for 30 consecutive days or 60 
non-consecutive days of service in Korea during the period between 25 June 1950 and 27 July 1953.  Paragraph 9-21 contains guidance on the ROKPUC and states, in pertinent part, that it is awarded by the Korean Government.  

6.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-Korea) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War.  This source confirms that during his tenure of assignment, the applicant’s unit (160th Field Artillery Battalion) was awarded the  ROKPUC and was credited with participating in the Second Korean Winter 
(28 November 1951 - 30 April 1952) and Korea, Summer - Fall 1952 (1 May - 
30 November 1952) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record and DD Form 214 should be corrected to show he earned the AGCM, NDSM, ROKPUC, and ROKWSM was carefully considered and found to have merit.  

2.  The available evidence confirms the FSM served on active duty during a qualifying period for the NDSM, and in Korea during the qualifying period for the ROKWSM.  It also confirms that based on his service and campaign participation in Korea, he is eligible for the ROKPUC and 2 bronze service stars for wear on his already-awarded KSM.  As a result, these awards should be added to his record and DD Form 214.

3.  Further, his NPRC file and DD Form 214 are void of any derogatory information or a formal unit commander disqualification that would have precluded him from receiving the AGCM, and the NPRC authorized and issued the AGCM to the FSM.  Therefore, it is concluded he completed a qualifying period of honorable active duty service from 31 January 1951 through 
30 October 1952 and should be awarded the AGCM, which should also be added to his record and DD Form 214.  

BOARD VOTE:

___X_____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 27 of his DD Form 214 the current list of awards and replacing it with the entry "Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 2 bronze service stars, United Nations Service Medal, Army of Occupation Medal with Japan Clasp, Republic of Korea War Service Medal, Republic of Korea Presidential Unit Citation"; and

   b.  providing the applicant a correction to the FSM's DD Form 214 that includes this change.



      _________XXX______________
               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)                                         AR20090003580



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ABCMR Record of Proceedings (cont)                                         AR20090003580



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