IN THE CASE OF:	

		BOARD DATE:	25 August 2009  

		DOCKET NUMBER:  AR20090004224 


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 that his service in Korea and his service in Germany be included on his DD Forms 214 (Reports of Separation from the Armed Forces of the United States).  He also requests that all awards and decorations to which he is entitled be included on his DD Forms 214.

2.  The applicant states that he served in Korea for approximately 13 months and that he served in Germany for approximately 1 year.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
4 March 1953; a copy of his DD Form 214 for the period ending 15 June 1954; and a copy of his Honorable Discharge Certificate, dated 15 June 1954.

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.  On 5 March 1951, the applicant was inducted into the Army of the United States in Portsmouth, Ohio.  He successfully completed his training as a light vehicle driver.  

3.  The applicant was advanced to the pay grade of E-2 on 5 July 1951 and he was advanced to the pay grade of E-3 on 4 January 1952.  He was transferred to Korea on 29 March 1952.

4.  The applicant records show that he returned to the Continental United States (CONUS) on 27 February 1953 and that he was released from active duty (REFRAD) on 4 March 1953 under the provisions of Army Regulation 615-360 (Enlisted Men, Discharge, General Provisions) and Special Regulation 615-363-5 (Enlisted Personnel – Release to National Guard and Army Reserve), at the expiration of his term of service.  He was transferred to the Enlisted Reserve Corps to complete his Reserve obligation.

5.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending 4 March 1953 shows that he completed 10 months and 29 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.

6.  On 1 June 1953, the applicant enlisted in the Regular Army (RA) in Ashland, Kentucky, for 3 years.  His records show that he was transferred to Germany on 25 July 1953.

7.  The applicant returned to CONUS on 15 June 1954 and he was honorably discharged on the same day, under the provisions of Army Regulation 615-365 (Enlisted Personnel Discharge Convenience of Government), paragraph 2 and Department of the Army Message 477064, dated 24 December 1953, for the convenience of the Government.

8.  Item 26 of the applicant's DD Form 214 for the period ending 15 June 1954 shows he completed 10 months and 21 days of foreign service and item 27 shows he was awarded the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal.

9.  A review of the applicant’s records show that his conduct and efficiency ratings were "excellent" during his tenure of service and there is no record of 
court-martial convictions or other disciplinary actions contained in his official record.

10.  His Soldier’s Qualification Card shows that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, this award was not included on his DD Form 214.

11.  Special Regulation 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), then in effect, was the authority for the preparation of the DD Form 214.  It provided, in pertinent part, that the total service outside the continental limits of the United States during the current term of service in years, months, and days will be entered in item 26.  If the individual reenlisted immediately following discharge, and no DD Form 214 was furnished for the period, this entry will include all foreign service not previously covered by a Report of Separation.

12.  Army Regulation 600-65 (Awards), in effect at the time, provided policy and criteria concerning service medals.  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, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.

13.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1954.  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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.
15.  Army Regulation 635-5 also states that for the entry of foreign service, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be correct to show his service in Korea and in Germany.  He also contends that his DD Form 214 should be corrected to include all of the awards to which he is entitled.

2.  The applicant's contentions concerning his foreign service credit have been noted.  However, his DD Forms 214 appropriately reflect his service in Korea and in Germany.  His DD Form 214 for the period ending 4 March 1953 shows that he had 10 months and 29 days of foreign service and his DD Form 214 for the period ending 15 June 1954 shows that he had 10 months and 21 days of foreign service.  At the time of the applicant’s discharge there were no provisions for including the place where the individual completed his/her foreign service.

3.  Additionally, his DD Forms 214 show that he was awarded the Korean Service Medal with two bronze service stars and the Army of Occupation Medal with Germany Clasp.  These awards indicate the place of his foreign service.  The information contained on his DD Forms 214 pertaining to his foreign service is correct as constituted.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

4.  A review of the applicant’s records reveals that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

5.  Further review of the applicant’s record show that he is also qualified for the first award of the Army Good Conduct Medal and the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these awards.

6.  Current standards for completion of the DD Form 214 state to list awards and decorations for all periods of service in the priority specified in Army Regulation 600-8-22 and that each entry would be verified by the Soldier's records.  Therefore, it would be appropriate at this time to add to the applicant's DD Form 214 for the period ending 15 June 1954 the Korean Service Medal with two bronze service stars and the United Nations Service Medal.


7.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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 Army Good Conduct Medal for exemplary service for the period 5 March 1951 through 4 March 1953; and
   
   b.  adding to item 27 of the applicant's DD Form 214 for the period ending
15 June 1954 the Army Good Conduct Medal, Korean Service Medal with two bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 showing his service in Korea and Germany on his DD Forms 214.



      __________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)                                         AR20090004224



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ABCMR Record of Proceedings (cont)                                         AR20090004224



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