IN THE CASE OF:	

		BOARD DATE:	15 September 2009    

		DOCKET NUMBER:  AR20090005768 


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) for the period ending 12 August 1952 to show award of the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states that he is eligible for these awards and he wants his records to be correct.

3.  The applicant provides copies of a letter from the National Personnel Records Center (NPRC) located in St. Louis, MO, and his DD Form 214 as documentary evidence in support of this 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 reconstructed records, which primarily consist of the applicant's DD Form 214 rendered for the period of 9 December 1948 through 12 August 1952 and an official copy of the letter provided to the applicant by the NPRC.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) in Nashville, TN on 9 December 1948.  Item 5 (Qualifications - Specialty Number or Symbol) of this form shows the applicant possessed military occupational specialty (MOS) 1056 (Postal Clerk).  The applicant held the rank/grade of sergeant (SGT)/E-5 on the date of his separation.  His most significant duty assignment during this period of active duty service was to the 8167th Army Unit, U.S. Army Hospital.  The applicant was credited with 2 years and 9 days of foreign and/or sea service.  The applicant was honorably discharged on
12 August 1952, after completing a total of 3 years, 8 months, and 4 days of active military service during this enlistment.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Army of Occupation Medal with Japan Clasp, Korean Service Medal, and the United Nations Service Medal.  There is no indication of receipt of the Army Good Conduct Medal, National Defense Service Medal, or the Republic of Korea Presidential Unit Citation.

5.  The applicant provides a letter from the NPRC, dated 18 December 2006, which was prepared in response to an inquiry from the applicant regarding his military records.  An archives technician informed the applicant that his records were probably destroyed by the aforementioned fire on 12 July 1973.  The technician also informed the applicant that the NPRC was pleased to verify his entitlement to the following awards:  the Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal, United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

6.  Army Regulation 600-65 (Service Medals), in effect at the time, provided policy and criteria concerning individual military decorations.  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 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for World War II and for the Korean War.  Department of the Army Pamphlet 672-1 does not show that the last known unit to which the applicant was assigned was awarded the Republic of Korea Presidential Unit Citation or any other unit recognition.

8.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

9.  Army Regulation 600-8-22 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. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea Presidential Unit Citation was carefully considered and determined to have partial merit.

2.  Notwithstanding the letter provided to the applicant by the NPRC, the applicant's record is void of any evidence and he has failed to provide any evidence that he was either recommended for or awarded the Army Good Conduct Medal.  There is no right or entitlement to the medal unless the immediate commander has approved the award and the award has been announced in permanent orders.  Because his records are not available, there is no evidence that the applicant received all "excellent" conduct and efficiency ratings through his tenure of service.  Therefore, there is insufficient evidence to show the applicant met the eligibility criteria for award of the Army Good Conduct Medal or correction of his DD Form 214 to show this award.

3.  Notwithstanding the letter provided to the applicant by the NPRC, Department of the Army Pamphlet 672-1 does not show that the last known unit to which the applicant was assigned was awarded the Republic of Korea Presidential Unit Citation or any other unit recognition.  Therefore, the applicant is not entitled to award of the Republic of Korea Presidential Unit Citation or correction of his DD Form 214 to show receipt of this award.

4.  Evidence shows the applicant completed a period of qualifying service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

5.  Evidence shows the applicant completed a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, his is entitled to award of the Republic of Korea War Service Medal and correction of his records to show this award.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement as pertains to award of the Army Good Conduct Medal or the Republic of Korea Presidential Unit Citation.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 to item 24 of his DD Form 214 the National Defense Service Medal and the Republic of Korea War Service Medal.

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 award of the Army Good Conduct Medal and 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)                                         AR20090005768



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ABCMR Record of Proceedings (cont)                                         AR20090005768



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