IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090009193
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 Republic of Korea Presidential Unit Citation (ROKPUC) and Korea Defense Service Medal (KDSM) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that based on his service in the 7th Infantry Division in Korea he is eligible for the KDSM and ROKPUC.
3. The applicant provides a Congressional Inquiry with enclosures, Internet documents, 7th Infantry Division letters and certificate, Korean identification card, and 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 applicants 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 applicants 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 shows he was inducted into the Army of the United States and entered active duty on 27 March 1968 and that he was trained in and awarded military occupational specialty 11H (Infantry Indirect Fire Crewman). His record also shows he was promoted to specialist four (SP4) on 13 May 1969, and that this is highest rank he attained while serving on active duty.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the ROK from 10 September 1968 to 30 October 1969. It also shows that during his ROK tour he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 32nd Infantry Regiment, 7th Infantry Division.
4. On 24 May 1970, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing 2 years of active military service. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned National Defense Service Medal (NDSM) and Armed Forces Expeditionary Medal (AFEM)-Korea during his tenure on active duty.
5. The applicant submitted letters indicating that he had a request for the Combat Infantryman Badge (CIB) pending at the Army Human Resources Command, Military Awards Branch. This request has yet to be acted on and will not be addressed further in this Record of Proceedings.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-20 of the awards regulation provides that the KDSM is authorized to be awarded to members who served on active duty in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954, to a date to be determined.
7. Department of the Army General Orders (DAGO) Number 50, dated 9 November 1971, authorized the award of the ROKPUC to all personnel assigned to the 7th Infantry Division from August 1945 to December 1948 and from 17 September 1950 to 27 March 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for the ROKPUC and KDSM based on his service in Korea with the 7th Infantry Division was carefully considered and found to have merit.
2. The evidence of record shows the ROKPUC was awarded to the 7th Infantry Division for service in Korea between August 1945 and December 1948 and from 17 September 1950 to 27 March 1971 and was authorized and announced in DAGO Number 50, dated 9 November 1971. It also shows that the KDSM is authorized to be awarded for qualifying service in Korea after 28 July 1954, to a date to be determined. The evidence further shows the applicant served in Korea with the 7th Infantry Division from 10 September 1968 to 30 October 1969 and as a result he is eligible for both of these awards. Therefore, it would be appropriate to add them to his record and DD Form 214 at this time.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 amending Item 24 of his DD Form 214 by adding the Republic of Korea Presidential Unit Citation and Korea Defense Service Medal; and 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) AR20090009193
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009193
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060001242C070205
The applicant requests, in three separate applications, award of the Valorous Unit Award (VUA), Republic of Korea Presidential Unit Citation (ROKPUC), and the Korean Defense Service Medal (KDSM). The evidence of record confirms the applicant was not assigned to the 18th Infantry Regiment until 27 December 1967, which was 17 days after the ending date of the period for which the unit was authorized the VUA. Although members of the unit may wear the award while serving with the unit, only...
ARMY | BCMR | CY2013 | 20130017157
Application for correction of military records (with supporting documents provided, if any). His amended DD Form 214 for this period of service shows he was awarded or authorized: * National Defense Service Medal * Army Good Conduct Medal 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM and ROKPUC to his DD Form 214 and issuing him the medal sets for these awards.
ARMY | BCMR | CY2006 | 20060008319
x The Board considered the following evidence: Exhibit A - Application for correction of military records. These orders awarded the applicant the PH, for wounds he received while engaged in hostile combat action near Haktong-ni, Korea on 1 December 1952. The evidence of record confirms he was wounded in action in Korea on 1 December 1952 and again on 13 June 1953.
ARMY | BCMR | CY2010 | 20100007004
Application for correction of military records (with supporting documents provided, if any). By regulation, the AFEM is authorized for qualifying service in Korea between 1 October 1966 through 30 June 1974; the KDSM is authorized for service Korea between 28 July 1954 through a date to be determined by the Secretary of Defense; and the ROKPUC is authorized for service in Korea with the 7th Infantry Division between 17 September 1950 and 27 March 1971. _______ _ X____ ___ CHAIRPERSON I...
ARMY | BCMR | CY2009 | 20090011799
The applicant provides his DD Form 214 in support of his application. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 22c the entry "Foreign and/or Sea Service (USARPAC-RVN)"; b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; c. adding to item 24 of his DD Form 214 the Armed Forces...
ARMY | BCMR | CY2012 | 20120002618
The applicant requests that he be awarded the Korean Defense Service Medal (KDSM) and the Korean Presidential Unit Citation (PUC) and that they be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's military records are not available for review. _______ _ _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.
ARMY | BCMR | CY2012 | 20120022950
His USAF record may contain records pertaining to his Army service; however, this Board does not have access to USAF records. Army Regulation 600-8-22 (Military Awards) states 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. ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2012 | 20120017938
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Korea (ROK) Presidential Unit Citation (PUC). Therefore, his records should be corrected to show this award. 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 the period 8 February 1967 to 14 September 1968; b....
ARMY | BCMR | CY2006 | 20060008649C071029
The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...
ARMY | BCMR | CY2006 | 20060006693C070205
The applicant requests, in effect, that he be awarded the Korea Defense Service Medal (KDSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Combat Service Commemorative Ribbon, the Combat Infantryman Badge (CIB), the Senior Parachutist Badge and the Glider Badge and that his records be corrected to reflect those awards. The applicant’s military records are not available to the Board for review. The applicant was honorably discharged on 29 August 1952 and has had no further...