IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013217 


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 that his last name be corrected in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and that item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) be amended by adding the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), and two additional bronze service stars to be affixed to the Korean Service Medal (KSM).

2.  The applicant states:

* his last name is P____O, not P____E
* item 27 of his DD Form 214 shows the KSM with one bronze service star, but he received the KSM with three bronze service stars
* he received the NDSM and AGCM when he left Korea in 1952
* he arrived in Korea in August 1951 and left in May 1952 

3.  The applicant provides a copy of his DD Form 214 in support of his 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 induction record shows the last name P____O.  He was inducted into the Army of the United States on 9 December 1950.  He served as an infantryman in Korea from 22 August 1951 to 6 June 1952.  On 8 September 1952, he was released from active duty in the temporary rank of corporal after completing 1 year and 9 months of creditable active duty with no time lost.

3.  Item 1 of the applicant's DD Form 214 shows the last name P____E.  Item 27 of his DD Form 214 shows the Korean Service Medal with one bronze service star, United Nations Service Medal, and Combat Infantryman Badge as authorized awards.  Item 48 (Signature of Person Being Separated) of his DD Form 214 shows a legible signature with P____O as the signed last name.

4.  All of the applicant's service personnel records show the last name P____O.

5.  Records show the applicant participated in three campaigns during his assignment in Korea.

6.  There are no orders for the AGCM in the available records.  However, his DA Form 230 (Service Record) shows he was favorably considered for the AGCM on 8 September 1952 in section 18 (Report of Separation).

7.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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.

8.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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 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.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence shows the applicant's last name is P____O.  Therefore, it would be appropriate to correct his last name in item 1 of his
DD Form 214.

2.  The applicant served a period of qualifying service for award of the NDSM and ROKWSM.  Therefore, his DD Form 214 should be corrected to show these medals.

3.  The applicant was separated in the temporary rank of corporal with 21  months of creditable active service with no time lost.  In addition, he was favorably considered for award of the AGCM on 8 September 1952.  It appears the applicant met the eligibility criteria for the first award of the AGCM for the period 9 December 1950 through 8 September 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's DD Form 214 shows the KSM with one bronze service star.  However, the applicant participated in three campaigns during his assignment in Korea which entitles him to award of the KSM with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these service stars.

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.  deleting the last name entry in item 1 of his DD Form 214 and replacing it with the last name shown on his induction record and 

	b.  adding the NDSM, ROKWSM, AGCM, and two additional bronze service stars for wear on his already-awarded KSM to item 27 of 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)                                         AR20100013217



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013217



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1