IN THE CASE OF:	

		BOARD DATE:	  06 April 2010

		DOCKET NUMBER:  AR20090017273 


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 all awards and decorations he may have earned as a result of his assignment to the 151st Engineer Battalion in Korea.  

2.  The applicant states, in effect, he would like his DD Form 214 corrected to show all awards and decorations he is entitled to receive.

3.  The applicant provides a copy of his DD Form 214, dated 8 April 1952, 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 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 his 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/impartial review of this case.

3.  His DD Form 214 shows he was called from inactive duty and entered active duty at Fort Wayne, AL, on 14 August 1950.  This form also shows that at the time of separation he held military occupational specialty 3359 (Grader Operator) and that his most significant duty assignment during this period was with the Company C, 151st Engineer Battalion.

4.  His DD Form 214 further shows he completed 2 years, 5 months, and 1 day of creditable military service, of which 1 year, 1 month, and 2 days was foreign service.  He was honorably released from active duty on 8 April 1952 to the control of the Alabama Army National Guard.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal. 

6.  Army Regulation 600-8-22 provides for the following awards:

	a.  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 as follows: (a) while on permanent assignment; or (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.

	b.  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 a date to be determined.  






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awards and decorations he earned during his assignment to the 151st Engineer Battalion.  

2.  Although he did not specifically state which awards he was referring to, it appears that he is requesting awards that pertain to his foreign service and/or assignment to the 151st Engineer Battalion.  His DD Form 214 shows he completed 1 year, 1 month, and 2 days of foreign service; however, there is no clear indication in his reconstructed record if he completed this foreign service in the Philippines, Korea, Japan, or another Far East overseas area. 

3.  His reconstructed record is void of orders, recommendations, citations, or any indication that he was awarded any other awards and decorations, other than those listed on his DD Form 214.  However, his period of foreign service coupled with his award of the Korean Service Medal with 2 bronze service stars suggests he may qualify for award of the Republic of Korea War Service Medal as the most likely award he could have earned.  Any doubt regarding this entitlement should be ruled in his favor.  Therefore, his records should be corrected to show this award.

4.  The evidence of records shows he entered active duty on 14 August 1950 and he was honorably released on 8 April 1952.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this 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 adding the Republic of Korea War Service Medal and the National Defense Service Medal to his DD Form 214.



      _______ _   _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)                                         AR20090017273



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ABCMR Record of Proceedings (cont)                                         AR20090017273



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