IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090013267 


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) to show the Korean Service Medal with two additional bronze service stars.

2.  The applicant states, in effect, that he served in Korea during the Chinese Communist Forces (CCF) Intervention, First United Nations (UN) Counteroffensive, and CCF Spring Offensive campaigns.  He adds that he was released from active duty (REFRAD) before the dates for the campaigns were officially announced.

3.  The applicant provides a copy of his DD Form 214 with an effective date of
14 August 1951.

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 service 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 to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 (Report of Separation from the Armed Forces of the United States) shows the applicant enlisted and entered active duty on 7 December 1945 and he was honorably discharged on 12 June 1947.  
At the time he had completed 1 year, 9 months, and 3 days of service for pay purposes.

   a.  Item 31 (Military Qualifications and Date) shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 27 (Decorations and Citations) shows the Army of Occupation Medal and World War II Victory Medal.

4.  The applicant's DD Form 214 shows he enlisted and entered active duty on 29 September 1950 and he was honorably REFRAD on 14 August 1951.  At the time he had completed 10 months and 15 days of net service for pay this period and 9 months and 7 days of foreign service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Combat Infantryman Badge and Korean Service Medal with one bronze service star.

   b.  Item 28 (Most Significant Duty Assignment) shows he was assigned to Company G, 9th Infantry Regiment, 2nd Infantry Division [Korea].

5.  A review of the applicant's available records reveals that he may be authorized additional awards that are not shown on his separation documents.

6.  There is no evidence the applicant was awarded the Good Conduct Medal for the initial period of his honorable active duty enlisted service.  There is also no evidence of lost time or any other adverse information.


7.  A National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 18 June 2007, shows the applicant was authorized the Good Conduct Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, National Defense Service Medal, Korean Service Medal with one bronze service star, Combat Infantryman Badge, United Nations Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Honorable Service Lapel Button (World War II), and Republic of Korea Presidential Unit Citation.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Korea and, in pertinent part, lists the following campaigns:  UN Offensive
(16 September to 2 November 1950), CCF Intervention (3 November 1950 to
24 January 1951), First UN Counteroffensive (25 January to 21 April 1951), and CCF Spring Offensive (22 April to 8 July 1951).  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Korean Service Medal.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards received by units serving in the Korean War.  This document shows that at the time of the applicant's assignment to Company G, 9th Infantry Regiment, 2nd Infantry Division [Korea], the regiment was cited for award of the Presidential 
Unit Citation (formerly known as the Distinguished Unit Citation) for actions during the period 16 May to 22 May 1951 by Headquarters, Department of the Army, General Orders Number 72 (1951).  This document also shows that at the time of the applicant's assignment, the regiment was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period
16 September 1950 to 26 October 1953 by Headquarters, Department of the Army, General Orders Number 10 (1954).

10.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

   a.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and to a date to be determined;


   b.  the United Nations Service Medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954; and

   c.  the Republic of Korea War Service Medal 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 while on permanent assignment; 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 while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service, in the priority sequence specified in Army Regulation 600-8-22, will be entered on the DD Form 214.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Korean Service Medal with three bronze service stars because he served in Korea during three campaigns; however, the campaigns were not officially announced until after he was separated from active duty.

2.  Records show the applicant served on active duty from 29 September 1950 through 14 August 1951 and that he completed 10 months and 15 days of net service.  Records also show he served overseas in Korea for 9 months and
7 days.  However, it cannot be determined from the evidence of record the exact period of the applicant's service in Korea.

   a.  Assuming the applicant was immediately assigned overseas to Korea, this period of service would have been from 29 September 1950 to 5 July 1951. Conversely (and most likely), assuming he was assigned overseas to Korea on a date that would have resulted in him returning from overseas immediately prior to his separation date, this period of service would have been from 7 November 1950 to 13 August 1951.  In either case, the evidence of record confirms the applicant would have served in Korea during at least three campaigns.  Thus, based on the available evidence, it is concluded the applicant was assigned to Company G, 9th Infantry Regiment, 2nd Infantry Division and served in Korea from 7 November 1950 to 13 August 1951.
   
   b.  The applicant qualified for award of the Korean Service Medal and the evidence of record appears to show he served in three campaigns during his service in Korea.  Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars to be affixed to his already-awarded Korean Service Medal.

3.  The evidence of record shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

4.  The evidence of record shows the applicant served a qualifying period of service for award of the United Nations Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

5.  The evidence of record shows the applicant served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

6.  General Orders awarded the applicant's unit the Presidential Unit Citation (formerly the Distinguished Unit Citation) during his tenure of assignment.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

7.  General Orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation during his tenure of assignment.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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:

   a.  deleting from item 27 of his DD Form 214 the Korean Service Medal with one bronze service star; and

   b.  adding to item 27 of his DD Form 214 the National Defense Service Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and 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)                                         AR20090013267



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ABCMR Record of Proceedings (cont)                                         AR20090013267



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