IN THE CASE OF:	  

		BOARD DATE:	  01 July 2009

		DOCKET NUMBER:  AR20090006870 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her deceased spouse, a former service member (FSM), be corrected to include all of the awards to which he is entitled.

2.  The applicant states that these awards include, but are not limited to, the Bronze Star Medal, the United Nations Service Medal, the National Defense Service Medal, the Presidential Unit Citation, and the Republic of Korea War Service Medal (ROKWSM).

3.  The applicant provides a copy of her Marriage Certificate to the FSM and a copy of the FSM’s Certificate of Death in support of her application.

COUNSEL'S REQUEST, STATEMENT AND 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.  After completing 1 year and 5 days of total active service in the Army, the FSM was called to active duty on 7 December 1950.  His records show that he was transferred to Korea on 4 June 1951 and he was assigned to Company C, 84th Engineer Construction Battalion.

3.  On 29 November 1951, Special Orders Number 290 were published releasing the FSM from his assignment in Korea effective 29 November 1951 and returning him to the Continental United States (Fort Lewis, Washington) effective 30 November 1951 for release from active duty (REFRAD).

4.  The DD Form 214 that the FSM was furnished shows that he was REFRAD on 6 December 1951 under the provisions of Special Regulation 615-363-5 prior to the expiration of his term of service and he was transferred to the Enlisted Reserve Corps to complete his Reserve obligation.  He had completed 11 months and 29 days of net service for pay purposes this period.

5.  The FSM’s DD Form 214 also shows that he was awarded the Korean Service Medal with one bronze service star.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

7.  Army Regulation 600-8-22, paragraph 9-12, states, in pertinent part, that personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

8.  Army Regulation 600-8-22, paragraph 2-10, states, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned was awarded the Presidential Unit Citation by Department of the Army General Order Number 38, dated 1957.

10.  The Government of the Republic of Korea issued the ROKWSM to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROKWSM.  To qualify for award of the ROKWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to the Bronze Star Medal, the United Nations Service Medal, the National Defense Service Medal, the Presidential Unit Citation, and the ROKWSM.

2.  Her contentions have been noted.  The FSM’s records substantiate his entitlement to the United Nations Service Medal, the National Defense Service Medal, the Presidential Unit Citation, and the ROKWSM.  Based on the applicable regulation, these awards should be included on the FSM’s DD Form 214.

3.  However, the FSM’s official military records do not substantiate his entitlement to the Bronze Star Medal.  Therefore, it would not be appropriate to amend the FSM’s DD Form 214 to include this award.

4.  In view of the foregoing, it would now be in the interest of justice to correct the FSM’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 amending the FSM’s DD Form 214 to add the United Nations Service Medal, the National Defense Service Medal, the Presidential Unit Citation, and the ROKWSM.
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 amending the FSM’s DD Form 214 to show that he was awarded the Bronze Star 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)                                         AR20090006870



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ABCMR Record of Proceedings (cont)                                         AR20090006870



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