IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012462 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show awards he earned during his active duty service from 15 October 1950 to 13 February 1952.

2.  The applicant states, in effect, her deceased husband should be authorized the Republic of Korea War Service Medal and the Republic of Korea Presidential Unit Citation for his service in the Army while stationed in Korea during the period 6 April 1951 through 11 January 1952.  He should also be authorized two overseas service bars for 13 months and 18 days of foreign service as listed on his DD Form 214 and his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service).

3.  The applicant provides the FSM's DD Form 214, WD AGO Form 53-98, DA Form 66 (Officer's, Warrant Officer's, and Flight Officer's Qualification Record), obituary, and certificate of death.

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 FSM's records show he entered active duty on 30 November 1942.  He was trained in and awarded military occupational specialty (MOS) 4400 (Signal Supply Officer) and on 7 March 1946 he was honorably released from active duty, in the rank/grade of first lieutenant (1LT)/O-2.  

3.  The WD AGO Form 53-98 he was issued shows in:

* Item 29 (Decorations and Citations) the American Campaign Service Medal, Asiatic-Pacific Service Medal, and the World War II  Victory Medal
* Item 34 (Current Tour of Active Duty) that he served 2 years, 11 months, and 27 days of continental service and 3 months and 11 days of foreign service

4.  On 15 October 1950, the FSM was called to active duty and he served in MOS 6201 (Disbursing Officer).  He was assigned to the 105th Finance Disbursing Section, Korea, from 11 April 1951 to 8 January 1952.

5.  On 13 February 1952, he was honorably released from active duty in the rank/grade of 1LT/O-2.  The DD Form 214 he was issued shows in:

* Item 22 (Net Service Completed for Pay Purposes this Period) the entry 1 year, 3 months, and 22 days
* Item 26 (Foreign and/or Sea Service) the entry 10 months and 7 days
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with three bronze service stars and the Commendation Ribbon

6.  Item 27 (Campaigns) of his DA Form 66 shows during his service in Korea he was credited with participation in the following four campaigns:

* First UN (United Nations) Counteroffensive (25 January - 21 April 1951)
* CCF (Chinese Communist Forces) Spring Offensive (22 April - 8 July 1951)
* UN Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November 1951 - 30 April 1952)

7.  Army Regulation 600-8-22 (Military Awards) states 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 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 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  This same regulation states a bronze service star will be awarded for wear on the Korean Service Medal for participation in each credited campaign. 
 
9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 105th Finance Disbursing Section, this unit was cited for award of the Meritorious Unit Commendation for the period 10 October 1950 through 15 October 1952 by Department of the Army General Orders Number 28, dated 1953.

11.  Army Regulation 600-8-22 states 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.

12.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  Records show the FSM was assigned to Korea in a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, the FSM's DD Form 214 should be corrected to show this award.

2.  The evidence of record shows the FSM was awarded the Korean Service Medal with three bronze service stars.  It also shows he was credited with participation in four campaigns while serving in Korea.  Therefore, the FSM's DD Form 214 should be corrected to show an additional bronze service star for the already-awarded Korean Service Medal with three bronze service stars.

3.  General orders show the FSM's unit was awarded the Meritorious Unit Commendation which is not shown on his DD Form 214.  Therefore, the FSM's DD Form 214 should be corrected to show this award.

4.  The evidence of record shows the FSM served on active duty in Korea in a qualifying period for award of the National Defense Service Medal and the United Nations Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  With respect to the Republic of Korea Presidential Unit Citation, Department of the Army Pamphlet 672-1 does not show the FSM's unit was awarded this award during his period of assignment to the unit.  Therefore, there is no basis for adding this unit award to the FSM's DD Form 214.

6.  With respect to the overseas service bars, there is no effective relief for addition of an overseas service bar to the FSM's DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.

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 item 27 of his DD Form 214 the Korean Service Medal with three bronze service stars; and

	b.  adding to item 27 of his DD Form 214 the:

* National Defense Service Medal
* Korean Service Medal with four bronze service stars
* Republic of Korea War Service Medal
* United Nations Service Medal
* Meritorious Unit Commendation

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 the Republic of Korea Presidential Unit Citation and the overseas service bars.



      ___________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)                                         AR20100012462



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ABCMR Record of Proceedings (cont)                                         AR20100012462



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