BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012817 


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 records to show the Republic of Korea War Service Medal, Army Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation based on his service with the 2nd Infantry Division.

2.  The applicant states the medals were authorized after his discharge from the service.

3.  The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this 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.  This case is being considered using his DD Form 214.

3.  The applicant's DD Form 214 indicates that:

	a.  he enlisted in the Regular Army on 11 May 1951 for three years;

	b.  he served 1 year, 2 months, and 4 days of foreign and/or sea service;

	c.  he earned the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, and the Purple Heart;

	d.  his most significant duty assignment was the 82nd Antiaircraft Artillery AW Battalion (82nd AAA AW Bn); and

	e.  he was honorably separated in the rank of sergeant on 2 April 1954.

4.  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 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 the Republic of Korea or the waters immediately adjacent thereto.

5.  Army Regulation 600-65 (Service Medals), 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.

6.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

7.  Army Regulation 600-8-22 provides for award of the Republic of Korea Presidential Unit Citation.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and/or Korea, including the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation.  This pamphlet does not show the 2nd Infantry Division and/or the 82nd AAA AW Bn were awarded these unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the Republic of Korea War Service Medal, Army Good Conduct Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation has been carefully reviewed.

2.  His DD Form 214 shows he served overseas for over one year, was awarded the Korean Service Medal, and was wounded in action in the Republic of Korea on 16 July 1953.  It appears he met the criteria for award of the Republic of Korea War Service Medal.

3.  His conduct and efficiency ratings during his active duty service cannot be verified; however, he was honorably released from active duty in the rank of sergeant/E-5 after completing 2 years, 10 months, and 22 days of active duty service.  He was also awarded the Purple Heart.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 11 May 1951 through 
2 April 1954 and to add this award to his DD Form 214.

4.  There is no available evidence showing the 2nd Infantry Division and/or the 82nd AAA AW Bn were awarded the Presidential Unit Citation or the Republic of Korea Presidential Unit Citation.  Therefore, this portion of his request should be denied.

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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 11 May 1951 through 2 April 1954; and by 

	b.  amending his DD Form 214 by adding the Republic of Korea War Service Medal and the Army Good Conduct Medal.

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 Presidential Unit Citation and the 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)                                         AR20100012817



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ABCMR Record of Proceedings (cont)                                         AR20100012817



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