BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007708 


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) for the period ending 5 March 1952 to show awards:

* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* Korea Defense Service Medal

2.  The applicant states, in effect, that he was assigned to Company K, 187th Airborne Infantry, while serving in Korea.  He states that the above awards were omitted from his DD Form 214.

3.  The applicant provides his DD Form 214.

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 the applicant's records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214, a DA Form 20 (Soldier's Qualification Card), and a WD AGO Form 24A (Service Record).

3.  The applicant enlisted in the Regular Army on 24 February 1950 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 4745 (Infantryman).

4.  The applicant arrived in Korea with Company K, 187th Airborne Infantry on 24 September 1950.  On 27 February 1951, he was injured when a military vehicle overturned and he was evacuated to the 361st Station Hospital, Japan, on 8 April 1951.  On 5 March 1952, the applicant was discharged from active duty by reason of physical disability.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Parachutist and Glider Badge and the Combat Infantryman Badge.

6.  Item 32 (Qualifications in Arms) of the applicant's DA Form 20 shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-1).

7.  There is no evidence in the applicant's military records that shows he was awarded:

* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* Korea Defense Service Medal

8.  Army Regulation 600-8-22 (Military Awards) provides that 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.  
9.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this 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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  Army Regulation 600-8-22 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

13.  Army Regulation 600-8-22, paragraph 5-9, contains the regulatory guidance for the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during his service in Korea participation credit was authorized for the following three campaigns:

* United Nations Offensive – 16 September 1950-2 November 1950
* Chinese Communist Forces Intervention – 3 November 1950-24 January 1951
* First United Nations Counteroffensive – 25 January 1951-21 April 1951


DISCUSSION AND CONCLUSIONS:

1.  The applicant is eligible for award of the:

* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal

2.  The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  His DD Form 214 should be amended to add this award.

3.  The applicant served in Korea from 24 September 1950 to 8 April 1951.  He served prior to the 28 July 1954 eligibility date for awarded of the Korea Defense Service Medal.  Unfortunately, he is not eligible for award of the Korea Defense Service Medal.

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 amending the applicant's DD Form 214 to add:

* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 adding the Korea 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)                                         AR20100007708



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)