IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100007189 


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 4 July 1952 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Bronze Star Medal with "V" Device, Korean Service Medal with five bronze service stars, and any other awards that he is authorized.

2.  The applicant states he served during World War II and was awarded the World War II Victory Medal and Army of Occupation Medal with Japan Clasp.
He adds that his 5 June 1947 DD Form 214 (Enlisted Record and Report of Separation - Honorable Discharge) shows the correct decorations; however, he was not issued the medals.  He also states:

   a.  His military service papers show he served in Korea through June 1951; however, he actually served there until December 1951.  He also states he was awarded the Korean Service Medal with three bronze service stars; however, he should be authorized two additional bronze service stars based on his service in two additional campaigns (the United Nations Summer-Fall Offensive and Second Korean Winter campaigns).  

   b.  He would like to receive all of his authorized awards and decorations.

3.  The applicant provides copies of his DD Forms 214, a letter from the Army Board for Correction of Military Records (ABCMR), and page 4-23 from Secretary of the Navy Instruction 1650.1F.

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.  A DD Form 214 shows the applicant was inducted into the Army of the United States on 18 September 1946, and he was awarded military occupational specialty (MOS) 050 (Carpenter, Chief of Section).  He was honorably discharged due to demobilization on 5 June 1947.  At the time he had completed 3 months and 15 days of continental service, 5 months and 3 days of foreign service, and 8 months and 18 days of total service for pay.  The applicant's
DD Form 214 also shows the following in:

   a.  Item 31 (Military Qualification and Date) the Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar.

	b.  Item 33 (Decorations and Citations) the World War II Victory Medal and Army of Occupation Medal with Japan Clasp.

3.  The applicant's DD Form 230 (Service Record) for the period 29 September 1950 to 4 July 1952 shows in:

   a.  section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) that he was assigned to Headquarters Company, 1st Battalion, 32nd Infantry [Korea], from 11 December 1950 through 21 November 1951.

   b.  section 7 (Combat Record) the Chinese Communist Forces Intervention, United Nations Offensive, and Chinese Communist Forces Offensive.

   c.  section 9 (Remarks - Administrative) that he was released from active duty and transferred to the Enlisted Reserve Corps (ERC) on 4 July 1952.  It also shows the entry "Character and Efficiency Excellent favorably considered for warrant of Good Conduct Medal."
   d.  section 14 (Service Outside Continental United States) that he departed Camp Stoneman [U.S.] on 21 November 1950, arrived in the Far East Command on 3 December 1950, served in Korea from 11 December 1950 through
20 November 1951, and arrived in the U.S. on 7 December 1951.

   e.  section 21 (Medals, Decorations, and Citations) that he was awarded the Combat Infantryman Badge, Bronze Star Medal (per Headquarters, 7th Infantry Division, General Orders Number 97, dated 7 April 1951), and Korean Service Medal with three bronze service stars.

4.  Headquarters, 7th Infantry Division, General Orders Number 97, dated 7 April 1951, awarded the applicant the Bronze Star Medal with "V" Device for heroism in action against an armed enemy near Hansaem-ni, Korea on 23 February 1951.

5.  A DD Form 214 shows the applicant enlisted in the Army of the United States on 29 September 1950, and he held MOS 4345 (Light Vehicle Driver) at the time of separation.  He was honorably released from active duty on 4 July 1952 and transferred to the ERC to complete his Reserve obligation:

   a.  At the time he had completed 1 year, 10 months, and 5 days of net active service this period and 1 year and 16 days of foreign service.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Combat Infantryman Badge, Bronze Star Medal, and Korean Service Medal with three bronze service stars.

6.  On 1 September 1998, the applicant submitted an application to the ABCMR requesting correction of his records to show all of his authorized awards and decorations.

7.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 December 1999, shows the Bronze Star Medal and Korean Service Medal with three bronze service stars were deleted from item 27 of his 4 July 1952 DD Form 214 and the Bronze Star Medal with "V" Device, Korean Service Medal with one silver service star, and Combat Infantryman Badge were added to item 27 of his DD Form 214.

8.  Even though the applicant was issued a DD Form 215 to show he was awarded the Korean Service Medal with one silver service star, he is only authorized four bronze service stars.  He did not qualify for a bronze service star for the Second Korean Winter campaign.  He left Korea on 21 November 1951 and the Second Korean Winter campaign was from 28 November 1951 - 30 April 1952.

   a.  Army Regulation 600-8-22 (Military Awards), Table B-1, contains a list of Korean War campaigns and it shows that during the applicant's tour in Korea he participated in the following campaigns:

* Chinese Communist Forces Intervention (3 November 1950 - 24 January 1951)
* First United Nations Counteroffensive (25 January - 21 April 1951)
* Chinese Communist Forces Spring Offensive (22 April - 8 July 1951)
* United Nations Summer-Fall Offensive (9 July - 27 November 1951)

   b.  The Military Awards regulation also contains the regulatory guidance on the Korean Service Medal, along with service stars for campaign participation.  It states that one bronze service star is authorized with the Korean Service Medal for each Korean War campaign a member is credited with participating in.  It also states that one silver service star may be worn on the service medal in lieu of
five bronze service stars.

9.  In support of the application, the applicant provides copies of the following documents:

   a.   a letter from the ABCMR, dated 24 September 2003, that informed the applicant his application for correction of records was closed without further action because his military service records were not available for review due to being part of a special project.

   b.  page 4-23 from Secretary of the Navy Instruction 1650.1F that authorizes engagement stars (bronze service stars) to be worn on the Korean Service Medal ribbon bar for participation in combat operations during each separate campaign operation listed in the document.

10.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214, as corrected by the DD Form 215.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows that at the time of the applicant's assignment to Headquarters Company, 1st Battalion, 32nd Infantry:

	a.  the battalion was awarded the Presidential Unit Citation (Navy) by Department of the Army General Orders Number 86 (1953).

	b.  the regiment was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 22 (1956).

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal:

   a.  The applicant's enlisted service record shows he received "excellent" conduct and efficiency ratings during the period of military service under review and he was favorably considered for award of the Good Conduct Medal.

   b.  There is no evidence of any adverse information in the applicant's service records or that his commander denied him award of the Good Conduct Medal.

13.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after
27 August 1940.  For first award only, 1 year served entirely during the period
7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

14.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations:

   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 a date to be determined.

   b.  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.
DISCUSSION AND CONCLUSIONS:
1.  The applicant contends that his 4 July 1952 DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device, Korean Service Medal with five bronze service stars, and any other awards that he is authorized.

2.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism on 23 February 1951.  Records also show that his 4 July 1952
DD Form 214 was corrected by deleting the Bronze Star Medal and adding the Bronze Star Medal with "V" Device.  The applicant was issued a DD Form 215 to show this correction.  Therefore, the applicant's DD Form 214, as corrected by the DD Form 215, properly shows award of the Bronze Star Medal with "V" Device.  This issue will not be further discussed.

3.  The applicant qualified for award of the Korean Service Medal and his 4 July 1952 DD Form 214 was corrected by deleting the Korean Service Medal with three bronze service stars and adding the Korean Service Medal with one silver service star.  The applicant was issued a DD Form 215 that shows this correction.  However, the applicant departed Korea on 21 November 1951; therefore, he was not eligible for a bronze service star for the Second Korean Winter campaign.  He was only eligible for four bronze service stars to be worn on his Korean Service Medal.  However, the fifth bronze service (that is, the silver service star which is worn in lieu of five bronze service stars) will not be taken away.  It is a common practice that the ABCMR does not make an applicant worse off.  This issue will not be further discussed.

4.  Records show the applicant honorably served on active duty during an authorized period for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  General orders awarded the applicant's battalion the Presidential Unit Citation (Navy).  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  General orders awarded the applicant's regiment the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

7.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

8.  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 this foreign service medal.

9.  Service medals and awards are not issued by the Army Board for Correction of Military Records.  However, the applicant may obtain his medals by submitting a request in writing to:  National Personnel Records Center, Attention:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100. Additional information concerning the eVetRecs may be found on their website at:  http://www.archives.gov/st-louis/military-personnel/.

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.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 29 September 1950 to 4 July 1952; and

   b.  adding to item 27 of his 4 July 1952 DD Form 214 the Army Good Conduct Medal, National Defense Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation (Navy), 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)                                         AR20100007189



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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