IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090005117 


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, that the Bronze Star Medal (BSM) be added to item 27 of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, the BSM he was awarded on 29 June 1954, while enroute to the United States for separation, should be included on his 
DD Form 214.  

3.  The applicant provides a BSM certificate and his DD Form 214 in support of his application. 

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (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 the applicant’s DD Form 214, other miscellaneous documents in his NPRC file, and the BSM certificate he provides. 

3.  The applicant's DD Form 214 shows he was inducted into the Army and entered active duty on 29 July 1952.  It further shows he served on active duty until 8 July 1954, at which time he was honorably released from active duty (REFRAD), in the rank of sergeant, after completing 1 year, 11 months, and 
10 days of active military service, of which 1 year, 5 months and 12 days were served overseas.  

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his REFRAD on 8 July 1954 shows he earned the following awards during his active duty tenure:  Korean Service Medal (KSM) with 
2 bronze service stars, United Nations Service Medal (UNSM), and National Defense Service Medal (NDSM).  Item 28 (Most Significant Assignment) lists the Korean Military Advisory Group (KMAG) as his most significant assignment.  

5.  Item 38 (Remarks) of the applicant's DD Form 214 confirms he accrued no time lost during his active duty service and there is no derogatory information contained on the DD Form 214 or the remaining documents in the NPRC file that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  The applicant provides a BSM certificate that shows he was awarded the BSM for meritorious achievement in ground operations against the enemy in Korea during the period 23 March 1953 through 6 June 1954.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for entering awards in effect at the time of the applicant's REFRAD stated to enter all awards earned during the period of active duty covered by the DD Form 214 in item 27.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, 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.  

9.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM he was awarded on 26 June 1954 should be added to the list of awards contained in item 27 of his DD Form 214 was carefully considered and found to have merit.  Although the applicant's military records were not available to the Board and there are no BSM orders on file which would normally be required to support adding the BSM to his DD Form 214, given the honorable nature of the applicant's service, as documented on his DD Form 214, and the loss of his military records through no fault of his own,   the BSM certificate he provides is sufficiently credible to support resolving this case in favor of the applicant in the interest of equity.  

2.  Therefore, based on the date of the BSM certificate provided by the applicant, it is reasonable to presume it was omitted from his DD Form 214 because it was published so close to the date of his movement back to the United States for separation processing.  As a result, it is concluded that he was awarded the BSM by proper authority based on his meritorious achievement during his combat service in Korea and it would be appropriate to add this award to his record as an exception to policy at this time. 

3.  Further, given his completion of a qualifying period of honorable active duty service, as evidenced by his DD Form 214, during which he attained the rank of sergeant, and the absence of any derogatory information on his DD Form 214 or a unit commander disqualification in the remaining NPRC files, it would also be appropriate, in the interest of equity, to award him the AGCM for his qualifying honorable active duty service from 29 July 1952 through 8 July 1954, and to add this award to his DD Form 214 at this time.  

4.  In addition, he is also eligible for the ROKWSM based on his qualifying service in Korea and it would also be appropriate to add this award to item 27 of his DD Form 214 at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ____X___  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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 29 July 1952 through 8 July 1954; 

   b.  amending item 27 of his DD Form 214 by adding the Bronze Star Medal, Army Good Conduct Medal, and Republic of Korea War Service Medal; and 

   c.  by providing him a correction to his DD Form 214 that includes these changes. 




      _______ _   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)                                         AR20090005117



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ABCMR Record of Proceedings (cont)                                         AR20090005117



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