IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100014043 


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 award of the Korea War Medal.  [This is interpreted to mean to consider the Republic of Korea War Service Medal, Korean Service Medal, or Korea Defense Service Medal.]

2.  The applicant states he served in Korea and award of the service medal will allow him to join the Veterans of Foreign Wars.

3.  The applicant provides a copy of his 30 March 1956 DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of his request.

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 was inducted into the Army of the United States on 21 May 1953.

3.  The applicant's DA AGO Form 20 (Qualification Record - Enlisted Personnel) shows in:

	a.  item 38 (Military Education) that he completed the Artillery Officer Candidate School (OCS) in 1954;

	b.  item 39 (Qualification in Arms) that he qualified:
   
* Expert with the M-1 rifle on 9 July 1953
* Expert with the Browning automatic rifle on 31 July 1953
* First Class Gunner [Sharpshooter] with the light machine gun on 5 August 1953
* Marksman with the carbine rifle on 17 May 1954;

	c.  item 41 (Classification in Military Occupational Specialties (MOS)) that he was awarded MOS 1745 (Light Weapons Infantryman) on 10 October 1953;

	d.  item 42 (Awards) that he was authorized the National Defense Service Medal; and

	e.  item 44 (Foreign Service) is blank.

4.  His DD Form 214 shows he was honorably discharged on 14 June 1954 to accept a commission.  At the time he had completed 1 year and 24 days of net active service.

	a.  Item 26 (Foreign and/or Sea Service) does not show any foreign service.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.

5.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 15 June 1954 and he was ordered to active duty that date in MOS 1189 (Artillery Forward Observer).

6.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service) that he served in the Armed Forces Far East Command from 26 July 1954 through 17 November 1955,

	b.  item 21 (Awards and Decorations) that he was authorized the National Defense Service Medal, and

	c.  item 23 (Qualification in Arms) that he qualified:

* Expert with the Browning automatic rifle on 31 July 1953
* Expert with the .30 caliber carbine rifle on 11 October 1959
* Sharpshooter with the M-1 rifle on 15 October 1955

7.  Headquarters, Camp Drake Replacement Depot, 8042nd Army Unit, Letter Order 7-1031, dated 27 July 1954, subject:  Travel Orders to Korea (Air), reassigned the applicant from Japan to Inchon Replacement Depot, 8057th Army Unit (Pipeline), for the purpose of permanent change of station and assignment in Korea effective 4 August 1954.

8.  A second DD Form 214 shows the applicant entered active duty this period on 15 June 1954, was honorably released from active duty on 30 March 1956, and transferred to the U.S. Army Reserve Control Group.

	a.  At the time he had completed 1 year, 9 months, and 16 days of net active service; 1 year and 24 days of other service; 2 years, 10 months, and 10 days of total net service for pay purposes; and 1 year, 3 months, and 22 days of foreign service.

	b.  Item 27 shows the National Defense Service Medal.

9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Forms 214.

10.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal.

	a.  There is no adverse information in the applicant's military service records.

	b.  The first endorsement to the applicant's OCS application, dated 14 August 1953, shows his commanding officer recommended approval of the applicant's attendance at OCS and rated the applicant's character as "excellent."

11.  Army Regulation 600-65 (Service Medals), in effect at the time, provided policy and criteria concerning service medals.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 1954.  The service prescribed must have been performed while on permanent assignment, while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

	b.  The Korean Service Medal is awarded for qualifying service between 27 June 1950 and 27 July 1954 within the territorial limits of Korea or in waters immediately adjacent thereto.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.

	d.  The marksmanship qualification badge is awarded to indicate the degree (i.e., Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Announcement of the award of basic marksmanship qualification badges was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the authorized medal(s) for his service in Korea.

2.  The evidence of record shows the applicant served in Korea from 4 August 1954 through 17 November 1955.

	a.  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 1954.  There is no evidence of record that shows the applicant qualified for Republic of Korea War Service Medal.  Therefore, he is not entitled to correction of his records to show this foreign service medal.

	b.  The applicant's eligibility for the Korean Service Medal and the Korea Defense Service Medal were also considered.

		(1)  The Korean Service Medal is awarded for qualifying service in Korea between 27 June 1950 and 27 July 1954.  Based on his arrival date in Korea (i.e., 4 August 1954), the applicant did not qualify for the Korean Service Medal.

		(2)  The applicant served a qualifying period for award of the Korea Defense Service Medal from 4 August 1954 to 17 November 1955.  Thus, he is entitled to correction of his records to show this service medal.

	c.  In view of all of the foregoing, it would be appropriate to correct his 30 March 1956 DD Form 214 to show the Korea Defense Service Medal.

3.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his 14 June 1954 DD Form 214 to show this medal.

4.  The evidence of record shows that during the applicant's period of active duty in an enlisted status he qualified Expert with the M-1 rifle and the Browning automatic rifle, Sharpshooter with the light machine gun, and Marksman with the carbine rifle.  Therefore, it would be appropriate to correct his 14 June 1954 DD Form 214 to show these badges with the component bars.

5.  The evidence of record shows that during the applicant's period of active duty service in an officer status he qualified Expert with the .30 caliber carbine rifle and Sharpshooter with M-1 rifle.  Therefore, it would be appropriate to correct his 30 March 1956 DD Form 214 to show these badges with the component bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 21 May 1953 to 14 June 1954;

	b.  adding to item 27 of his 14 June 1954 DD Form 214 the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Carbine Bar; and

	c.  adding to item 27 of his 30 March 1956 DD Form 214 the Korea Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined 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 War Service Medal and Korean Service Medal.



      _____________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)                                         AR20100014043



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ABCMR Record of Proceedings (cont)                                         AR20100014043



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