IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005052 


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 show his date of entry on active duty as 19 August 1948 instead of 19 August 1946, and award of the Korean Service Medal, the United Nations Service Medal, the [Republic of] Korea War Service Medal, and the Korea Defense Service Medal. 

2.  The applicant states that the date of entry is incorrect and that some of the decorations, medals, and badges are missing. 

3.  The applicant provides a copy of his DD Form 214, dated 26 July 1952, in support of his request.

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.  The applicant's DD Form 214 shows he was born on 8 August 1930 and enlisted in the Regular Army in Eau Claire, WI, on 19 August 1946.  This form also shows that at the time of his separation, he held military occupational specialty 1666 (Medical Aidman).

4.  The applicant’s DD Form 214 shows that he completed 3 years, 11 months, and 8 days of creditable military service, of which 2 years, 6 months, and 9 days was foreign service.  He was honorably discharged in the rank of sergeant first class (Temporary) on 26 July 1952.

5.  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 "Occupation Medal (Japan) W/5 Bronze Campaign Stars," the United Nations Service Medal, the [Combat] Medical Badge, and the Good Conduct Medal.

6.  Item 41 (Dates of Last Civilian Employment) shows the “from-to” entries 1947 and 1948, indicating he was employed in the civilian sector during some portions of 1947 and 1948.

7.  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 service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions 

provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.  A bronze service star is worn on the Korean Service Medal for each credited campaign.  One silver service star is worn in lieu of five bronze service stars.

8.  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.

9.  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 (1) while on permanent assignment; (2) 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 (3)while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

10.  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 (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) participate as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct date of entry and all missing awards and decorations he earned as a result of his service in Korea.  

2.  With respect to his date of entry, the evidence of record shows that the applicant was born on 8 August 1930, served 3 years, 11 months, and 8 days on active duty, and that he held civilian employment during some portions of 1947 and 1948.  Given this information, it is highly unlikely his date of entry into active service is correct.  First, to have entered active duty on 19 August 1946 the applicant would have been only 16 years old, too young to have legally enlisted.  Second, he could not have enlisted in August 1946 and still held civilian employment during the 1947-1948 time frame.  Third, and most important, to have been separated on 26 July 1952 after serving 3 years, 11 months, and 8 days, fixes his date of entry as 19 August 1948.  The applicant’s contention that his date of entry should be changed from 19 August 1946 to 19 August 1948 is, therefore, accepted.

3.  With respect to award of the Korean Service Medal and the Republic of Korea War Service Medal:

	a.  his DD Form 214 shows he completed 2 years, 6 months, and 9 days of foreign service and was awarded the United Nations Service Medal which was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations;

	b.  his DD Form 214 listed five bronze service stars with the Army of Occupation Medal.  However, there was only one conflict at the time of his service that could have credited him with the five bronze service stars and that was the Korean conflict.  Furthermore, the bronze service stars for that conflict are only authorized with the Korean Service Medal.  There is no provision to award bronze service stars with the Army of Occupation Medal; and

	c.  since award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal and since he was awarded five bronze service stars, it is reasonable to presume he completed at least a sufficient period of foreign service in Korea that would make him eligible for award of the Korean Service Medal with one silver service star (denoting five bronze service stars) and the Republic of Korea War Service Medal.

4.  With respect to the Korea Defense Service Medal, the applicant was discharged on 26 July 1952.  The period of eligibility for award of the Korea Defense Service Medal is 28 July 1954 to a date to be determined.  The applicant does not meet the criteria 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.  deleting the entry 19 August 1946 from item 19 of his DD Form 214 and adding the entry 19 August 1948 instead; 

	b.  deleting the entry, "Occupation Medal (Japan) W/5 Bronze Campaign Stars"; and

	c.  adding awards of the Korean Service Medal with one silver service star, the Army of Occupation Medal with Japan Clasp, and the Republic of Korea War Service Medal to his 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 adding the Korea Defense Service Medal.




      _______ _   _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)                                         AR20090005052



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ABCMR Record of Proceedings (cont)                                         AR20090005052



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