IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100009912 

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 award of the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), and the Republic of Korea War Service Medal (ROKWSM).

2.  The applicant states, in effect, that he earned the NDSM, AGCM, and ROKWSM during his tour on active duty that included his service in Korea.

3.  The applicant provides the following documents in support of his application:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* 10 pages from the Wikipedia Internet site referencing the NDSM, AGCM, and the ROKWSM

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record that primarily consists of the applicant's DD Form 214, and other documents provided by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 29 May 1951.  He was trained in, awarded, and served in military occupational specialty (MOS) 1505 (Magazine Section Chief).

4.  The applicant's DD Form 214 shows he completed 1 year, 1 month, and 23 days of foreign service, and he was promoted to the temporary rank of corporal on 21 October 1952.

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

6.  On 16 March 1953, the applicant was honorably released from active duty and he was transferred to the Enlisted Reserve Corps after completing 1 year,
9 months, and 18 days of active military service with no lost time.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-10 contains guidance on award of the NDSM.  It indicates the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954.  

	b.  paragraph 9-16 contains guidance on the ROKWSM.  It 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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

8.  Army Regulation 600-65, in effect at the time, stated 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he entitled to the NDSM, AGCM, and ROKWSM.

2.  By regulation, the NDSM was authorized for honorable active service completed between 27 July 1950 and 27 July 1954.  The ROKWSM 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.

3.  While the applicant’s DD Form 214 does not provide the specific dates the applicant served in Korea, it does confirm he completed 1 year, 1 month, and 23 days foreign service between 1950 and 1953 and he was awarded the Korean Service Medal with two bronze service stars.  This is sufficient evidence to show service in Korea.  Therefore, based on his qualifying period of active service in Korea and his overall period of honorable active service, it would be appropriate to add the ROKWSM and NDSM to his DD Form 214 at this time.

4.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The DD Form 214 confirms the applicant was promoted to the noncommissioned officer rank of corporal and he had no lost time at the time of his honorable discharge from active duty.  However, lacking evidence to confirm he met the regulatory criteria necessary for the award of the AGCM, there is an insufficient evidentiary basis upon which grant awarding the applicant this award.

BOARD VOTE:

____X___  ____X___  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that the applicant also met the eligibility criteria for award of the Army Good Conduct Medal (1st award).  Although his records were apparently destroyed in the 1973 National Personnel Record Center fire, the available records show he was promoted to corporal during his active duty service and he earned the Korean Service Medal with two bronze service stars.  His DD Form 214 shows no lost time during his period of service.  Any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.

2.  Therefore, 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 him the Army Good Conduct Medal (1st award) for the period
29 May 1951 through 16 March 1953; and

	b.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal
(1st award), National Defense Service Medal, and the Republic of Korea War Service Medal.



      _________XXX___________
               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)                                         AR20100009912



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ABCMR Record of Proceedings (cont)                                         AR20100009912



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