BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090004641 


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, in effect, his military awards for his 16-month tour in Korea ending on 15 October 1955.

2.  The applicant states, in effect, that his records were burned in 1973 and that he lost his service records that show he spent time on active duty in Korea in the Army of the United States and in the U.S. Air Force.  He states he does not have a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for his active duty Army service.  He states he gave a copy of his DD Form 214 to the Air Force and when he left the Air Force, he did not get the file back.  He states in a personnel statement that he specifically requests award of the Korean Service Medal, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and the Korea Defense Service Medal. 

3.  The applicant provides copies of the following documents in support of his application:

	a.  a letter from an education advisor from the Ascom City Education Center (74th Ordnance Battalion), dated 15 September 1955;

	b.  a letter from the 301st Special Forces Operation Airborne, Detachment #5 - USAR [U.S. Army Reserve], Missoula, MT, dated 24 February 1959;

	c.  a copy of a DD Form 214 for his U.S. Air Force service, with a separation date of 2 July 1959;
	d.  copies of college transcripts from the University of California Berkeley and the University of Montana;

	e.  a letter from a former instructor who taught in Seoul, Korea, dated
19 February 2009;

	f.  a picture, supposedly of the applicant, in a U.S. Army uniform; and

	g.  multiple self-authored statements attesting to his service in Korea.

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 for review.  A fire destroyed approximately 18 million service member’s 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 to conduct a fair and impartial review of the case.  The available record was the applicant's DD Form 214 with a separation date of 22 November 1955.

3.  The applicant was inducted into the Army of the United States on 25 January 1954.  He successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 740.0 (Information and Education Specialist).  The highest rank/grade he attained while on active duty was private first class (PFC)/E-3. 

4.  The applicant was honorably released from active duty on 22 November 1955 upon expiration of his term of service and transferred to the USAR.  The applicant's net active service was 1 year, 9 months, and 28 days with 1 year,
4 months, and 24 days of foreign service credit.  He had no prior military service. The country or location of the applicant's foreign service tour is not recorded on the applicant's DD Form 214.  The DD Form 214 does show the applicant's most significant duty assignment was with Headquarters and Service Company, 79th Engineer Battalion (Construction), APO 301.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he is authorized the National Defense Service Medal.  No other awards, service medals, or decorations are recorded on this DD Form 214.

6.  On 6 February 1959, the applicant enlisted in the U.S. Air Force for a 2-year period of service. 

7.  On 2 July 1959, the applicant was honorably released from active duty service with the U.S. Air Force.  The DD Form 214 he was issued shows that he was in a trainee status at the time of his discharge and that he was released for the convenience of the government and transferred to the U.S. Air Force Reserve.  

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 2 July 1959 does not show he was awarded or authorized any awards for this period of active federal service. 

9.  As evidence to support his application, the applicant provided a reference letter from an education advisor at the Ascom City Education Center (74th Ordnance Battalion), APO 971, dated 15 September 1955 that states, in effect, the applicant worked for the writer during the period April 1954 to September 1955.  During this period, the applicant taught basic and intermediate elementary classes to Soldiers, and he achieved excellent results with his Soldiers passing their required exams.  The writer highly recommended the applicant pursue teaching and administrative work.

10.  A letter from the 301st Special Forces Operation Airborne (U.S. Army Reserve), dated 24 February 1959, told the applicant that his Field 201 file was transferred to the USAR Control Group and that he should write to The Adjutant General of the Army for a copy of his record. 

11.  The applicant provided copies of college transcripts from the University of California Berkeley and the University of Montana.  The applicant presented this evidence to show that he was assigned to the 74th Ordnance Battalion, APO 971, while attending a class that started on 27 June 1955.  The University of Montana college transcript shows the applicant attended classes through the
U. S. Armed Forces Institute (Japan) in 1955 and that he earned 18 credit hours. This same transcript shows the applicant attended a class through the U.S. Armed Forces Institute (Madison, WI) in March 1956.  To support his application, the applicant contacted a former college instructor who states in her letter that she remembered teaching the applicant during the summer of 1955 while she was teaching extension courses in Seoul, Korea.

12.  In the processing of this case, the Board's staff verified that Ascom City, APO 971, was in fact located in Korea.

13.  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 is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

14.  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.

15.  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 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. 

16.  Army Regulation 600-8-22 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, 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.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  


a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, provides in pertinent part for the determination or establishment of eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems and occupation duty credit for World War II and the Korea War.  This pamphlet does not show that the 74th Ordnance Battalion was awarded the Republic of Korea Presidential Unit Citation, which is awarded by the Korean government. 

18.  Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The documents used as a basis to prepare the DD Form 214 included the DA Form 24 (Service Record), the DA Form 20 (Enlisted Qualification Record), and court-martial orders when appropriate. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 with a separation date of 22 November 1955 shows he was credited with a foreign service tour.  The applicant submitted corroborating documentation and letters that show he served as an Information and Education Specialist at the location APO 971.  A first line supervisor at the education center where the applicant worked supports the applicant's contention that he served in the Republic of Korea from April 1954 to September 1955.  As there are no unit records available, the specific dates of his assignment are not known.  

2.  Therefore, based on the evidence of available records which show he started his foreign service tour on an unknown date in April of 1954, the applicant served a qualifying period of time in Korea for entitlement to the Korean Service Medal.  Based on the applicant's entitlement to the Korean Service Medal, he is also entitled to the United Nations Service Medal.

3.  Based on the applicant's service in Korea between April 1954 and September 1955, he is also entitled to the Republic of Korea War Service Medal and the Korea Defense Service Medal and to have his record corrected to show these two service medals.

4.  Department of the Army Pamphlet 672-1 did not show that the 74th Ordnance Battalion was specifically awarded the Republic of Korea Presidential Unit Citation.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

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 Korean Service Medal, United Nations Service Medal, Republic of Korea War Service Medal, and the Korea Defense Service Medal to his DD Form 214 for the period ending 22 November 1955.

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 correcting his record to show 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)                                         AR20090004641



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004641


6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1