IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090007269 


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 he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) that contains all of his authorized awards.

2.  The applicant states, in effect, that he was a World War II (WWII) and Korean War veteran and he desires all of his authorized awards to be reflected on one separation document instead of the two documents he was issued so that his children will have one complete record.

3.  The applicant provides a listing of awards he received from the Clothing and Heraldry Products Support Integration Directorate in Philadelphia, Pennsylvania.

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 was born on 29 August 1927 and was inducted at Fort Leavenworth, Kansas, on 25 January 1946.  He completed his training and served as a cook with the 126th Training Battalion, Recruit Training Center, at Fort Lewis, Washington, until he was honorably discharged on 14 May 1947.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows that he was awarded the WWII Victory Medal and the Honorable Service Lapel Button (WWII).

4.  On 8 January 1951, he enlisted in the Regular Army in Kansas City, Missouri, for a period of 3 years.  He departed for Japan on 26 February 1951 and was initially assigned to Company F, 38th Infantry Regiment, as a light weapons infantryman.  He departed for Korea on 24 March 1951.  He was awarded the Combat Infantryman Badge (CIB) on 15 April 1951.

5.  On 30 May 1951, the applicant received shell fragment wounds to his right arm when his unit was ambushed in a convoy and the applicant saved the mess sergeant's life by extracting him from the mess truck and carrying him to cover while under intense enemy fire.  He was subsequently awarded the Purple Heart and the Silver Star for that action.  He was promoted to the rank of corporal on 22 June 1951.

6.  The applicant was reassigned to the duties of a cook and subsequently assumed the duties of the unit mess steward on 1 July 1951.  He was promoted to the rank of sergeant on 9 July 1951.  He was promoted to the rank of sergeant first class on 24 July 1951.  He was subsequently awarded the Commendation Ribbon with metal pendant (now known as the Army Commendation Medal) for meritorious service as the unit mess steward during the period 1 July 1951 to 15 December 1951.

7.  He departed Korea on 8 January 1952 and was transferred to Japan where he remained until 13 January 1953.  On 27 January 1953, he departed from New York en route to Germany.  He remained in Germany until 21 November 1953 when he was returned to Fort Knox, Kentucky.

8.  On 7 January 1954, he was honorably discharged due to the expiration of his term of service.  He had served 3 years of active duty during his current enlistment and his DD Form 214 issued at the time of his discharge shows that he was awarded the Purple Heart, the CIB, the Silver Star, the Distinguished Unit Citation (now known as the Presidential Unit Citation), the Army of Occupation Medal with Germany Clasp, the Commendation Ribbon with metal pendant, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the National Defense Service Medal.

9.  A review of the available records also shows that the applicant was awarded the Marksman Marksmanship Qualification Badge with rifle and carbine bars.  He was also subsequently issued the Army Good Conduct Medal (AGCM).

10.  The documents provided by the applicant indicate that the applicant was issued the medal set for the American Campaign Medal; however, the American Campaign Medal was only authorized for the period of 7 December 1941 to 2 March 1946 and required service in the continental United States for an aggregate of 1 year prior to 2 March 1946.

11.  Army Regulation 600-8-22 (Military Awards) 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 1953.  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.

12.  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 Republic of Korea Presidential Unit Citation 
(ROKPUC) during the period he served with the unit.

13.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation and distribution of the DD Form 214.  It provides, in pertinent part, once a DD Form 214 has been issued, it will not be reissued except when it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.  Additionally, the regulations in effect at the time provided that only those awards earned during the period covered by the separation form would be entered; the subsequent regulations were changed to allow for all decorations and awards to be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:
1.  The evidence of record shows that he is entitled to the ROKWSM and the ROKPUC.
2.  Additionally, it would be equitable to correct the applicant’s DD Form 214 to reflect that he was awarded the WWII Victory Medal, the AGCM, the Marksman Marksmanship Qualification Badge with rifle and carbine bars, and the Honorable Service Lapel Button (WWII).

3.  Although the applicant was issued a medal set for the American Campaign Medal, he did not meet the requirement for award of that medal, in that he did not serve in the continental United States for a period of 1 year prior to 2 March 1946, the termination date for eligibility for that award.  Accordingly, there is no basis to add that award to his DD Form 214.

4.  While the applicant is not entitled to have a "new" DD Form 214 issued to reflect all of his authorized awards on one document, since he is entitled to additional awards, it would be appropriate to issue him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to correct his DD Form 214 dated 7 January 1954 to reflect all of the authorized decorations and awards that are not reflected on his DD Form 214.

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 issuing him a DD Form 215 to show that he was awarded the ROKWSM, the 


ROKPUC, the WWII Victory Medal, the AGCM, the Marksman Marksmanship Qualification Badge with rifle and carbine bars, and the Honorable Service Lapel Button (WWII).

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 issuing the applicant a new DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during WWII and the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090007269



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ABCMR Record of Proceedings (cont)                                         AR20090007269



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