BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090016980 


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) ending 16 May 1953 to show all of his awards for that period of service.  He also requests correction of his DD Form 214 to add his service with Company E, 24th Infantry Regiment as his most significant duty assignment.

2.  The applicant states the Department of Veterans Affairs contends he did not earn a combat medal during the Korean War.  In truth, he experienced heavy combat exposure in Korea under the harshest conditions.  For the sake of his family, he wants this record corrected.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 for the period in question.

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.  At the time of his application, he was retired from the Regular Army as a sergeant first class, pay grade E-7.

3.  On 17 May 1950, the applicant enlisted in the Regular Army for 3 years.

4.  On 12 October 1950, the applicant arrived in Pusan, Korea, and was assigned 2 days later to Company E, 24th Infantry Regiment.  He served with this unit through 6 November 1950 (23 days) when he was reassigned to Headquarters and Headquarters Company, 24th Infantry Regiment.  He remained with this unit until his departure from the combat theater on 9 October 1951 (11 months and 4 days).

5.  The applicant was promoted to corporal, pay grade E-4, on 11 September 1951.

6.  The applicant served in Germany from 27 May 1952 to 20 April 1953.

7.  On 16 May 1953, the applicant completed his service obligation and was discharged with an honorable characterization of service.  His DD Form 214 shows:

	a.  that he was awarded the Korean Service Medal with four bronze service stars and the Army of Occupation Medal with Germany Clasp and

	b.  that his most significant duty assignment was with Headquarters Company, 24th Infantry Regiment.

8.  On 12 September 1958, Office of the Adjutant General letter orders awarded him the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy while assigned to the 24th Infantry Regiment.  The effective date for this award was 14 October 1950.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the Korean War campaigns.  The applicant's dates of service in the Republic of Korea indicate that he participated in the following five campaigns:  United Nations Offensive, Communist Chinese Forces (CCF) Intervention, First United Nations Counteroffensive, CCF Spring Offensive, and the United Nations Summer-Fall Offensive.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.  A silver service star denotes five campaigns.

10.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  The period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12.  Army Regulation 600-8-22 states that 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 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment, (2) 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 (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

13.  Special Regulation 615-360-1 (Enlisted Personnel -- Discharge Procedures and Preparation of Separation Forms), dated 20 June 1950, prescribed the policies and procedures for completing the DA Form 214 for enlisted personnel.  It stated that the last unit, or similar element, to which assigned for duty would be entered in item 28.

14.  Special Regulation 135-175-5 (Civilian Components -Separation of Officers) dated 19 December 1949, prescribed the policies and procedures for completing the DA Form 214 for officer personnel.  It stated the entry representing the duty which required the greatest demonstration of the officer's training and experience would be entered in item 28.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 ending 16 May 1953 should be corrected to show all of his awards for that period of service and to also show his service with Company E, 24th Infantry Regiment, as his most significant duty assignment.

2.  Although item 28 is entitled "Most Significant Duty Assignment," this item was used for both officers and enlisted personnel.  Officers and enlisted personnel had different criteria for determining what information would be entered in this item.  The instructions for officers were to enter the duty which required the greatest demonstration of the officer's training and experience, i.e., the most significant duty assignment.  The instructions for enlisted were to enter the last unit or similar element to which assigned for duty.  The correct entry appears to have been entered on the applicant's DD Form 214.  Therefore, the applicant's request to designate Company E as his most significant duty assignment should be denied.

3.  The evidence of record clearly shows that he was awarded the Combat Infantryman Badge for satisfactory combat service during this period.  Therefore, his DD Form 214 ending in 1953 should be corrected to add this badge.

4.  Records show that the applicant participated in five campaigns during his service in the Republic of Korea.  Therefore, he is eligible for award of a silver service star to be affixed to his Korean Service Medal in lieu of the four bronze service stars currently shown.

5.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his DD Form 214 ending in 1953 should be corrected to show these awards.

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:

	a.  deleting from his DD Form 214 the Korean Service Medal with four bronze service stars and

	

   b.  showing that in addition to the awards already shown on his DD Form 214, his authorized awards include the National Defense Service Medal, Korean Service Medal with one silver service star, United Nations Service Medal, Republic of Korea War Service Medal, and Combat Infantryman Badge.

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 correcting his DD Form 214 to change his most significant duty assignment.



      ___________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)                                         AR20090016980



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ABCMR Record of Proceedings (cont)                                         AR20090016980



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