IN THE CASE OF:	  

		BOARD DATE:	  9 December 10

		DOCKET NUMBER:  AR20100014475 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show credit for the Second Korean Winter campaign.

2.  The applicant states, in effect, he was issued a DD Form 215 (Correction to DD Form 214) by the U.S. Army Human Resources Command, Alexandria, VA (HRC-Alexandria) in 2002 that credited him with 4 campaigns during his service in Korea; the Chinese Communist Forces (CCF) Intervention, First United Nations (UN) Counteroffensive, CCF Spring Offensive, and the UN Summer - Fall Offensive.  In a subsequent application to HRC-Alexandria, wherein he requested credit for the Second Korean Winter campaign, he was credited with only 2 campaigns and he was accordingly issued a DD Form 215 in 2006 reflecting only two campaigns.  In effect, he believes he should receive credit for 3 campaigns:  the CCF Spring Offensive, UN Summer-Fall Offensive, and the Second Korean Winter.

3.  The applicant provides:

* a printout listing Korean War campaigns
* two HRC Military Awards Branch letters
* four pages of morning reports
* a self-authored letter to his senator
* two DD Forms 215
* his DD Form 214

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 the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 

3.  The applicant's available records show he was inducted into the Army of the United States on 5 November 1950.  He completed training and he was subsequently awarded military occupational specialty 1812 (Heavy Weapons Infantry Leader).

4.  His records further show he was honorably released from active duty on 8 August 1952 and he was transferred to the Enlisted Reserve Corps to complete his remaining Reserve obligation.  He completed 1 year, 9 months, and 1 day of total active service with 11 months and 18 days of foreign service.

5.  While in the Republic of Korea he was assigned to Company D, 31st Infantry, 7th Infantry Division.  The exact dates of service are unknown. 

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with one bronze service star, United Nations Service Medal, Combat Infantryman Badge, Purple Heart, and one overseas service bar.

7.  On 19 February 2002, HRC-Alexandria issued him a DD Form 215 that credited him with award of the Army Good Conduct Medal and the Korean 


Service Medal with four bronze service stars indicating his participation in the following campaigns: 

* CCF Intervention, 3 November 1950 to 24 January 1951
* First UN Counteroffensive, 25 January 1951 to 21 April 1951
* CCF Spring Offensive, 22 April 1951 to 8 July 1951
* UN Summer -Fall Offensive, 9 July 1951 to 3 September 1951 (the date he was wounded)

8.  On 29 August 2006, HRC-Alexandria issued him a second DD Form 215 wherein it deleted the Korean Service Medal with one bronze service star and added award of the Army Good Conduct Medal, Republic of Korea Presidential Unit Citation, and the Korean Service Medal with two bronze service stars.

9.  On 4 July 2009, he requested the ABCMR correct his DD Form 214 to reflect his participation in the Second Korean Winter Campaign.  On 6 January 2010, the ABCMR sent him a letter stating a review of his records showed a DD Form 215 was issued on 29 August 2006 which awarded him the Korean Service Medal with two bronze service stars.  The DD Form 215, dated 19 February 2002, was not in his records at the time.  Therefore, there was no reason for the Board to consider his application.

10.  In a self-authored statement, dated 6 May 2009, the applicant states, in part, he served in Korea from May 1951 to March 1952 with Company D, 31st Infantry, 7th Infantry Division and requests a [third] bronze service star for participating in the Second Korean Winter campaign.

11.  Army Regulation 600-8-22 (Military Awards), table B-1, shows that during his service in Korea he participated in three designated campaigns

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states, in pertinent part, once a DD Form 214 has been issued, do not reissue except when two DD Forms 215 have been issued and an additional correction is required.

13.  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.


14.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the award of the Korean Service Medal with three bronze service stars was carefully considered and found to have merit.

2.  The applicant provided a DD Form 215, dated 19 February 2002, which was not in his records.  This DD Form 215 deletes the Korean Service Medal with one bronze service star and adds the Korean Service Medal with four bronze service stars.

3.  His records contain his DD Form 214, which shows he was awarded the Korean Service Medal with one bronze service star, and a DD Form 215, dated 29 August 2006, which deletes this Korean Service Medal with one bronze service star and adds the Korean Service Medal with two bronze service stars.

4.  The applicant states he served in Korea from May 1951 to March 1952 and he participated in three Korean campaigns.  These dates coincide with the 11 months and 18 days of foreign service shown on his DD Form 214 and the three campaigns conducted during this period as shown in Army Regulation
600-8-22.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Korean Service Medal with three bronze service stars.

5.  The applicant served a qualifying period of service in Korea for entitlement to the Republic o Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant served a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.


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.  voiding his DD Forms 215, dated 19 February 2002 and 29 August 2006;

	b.  deleting from item 27 of his DD Form 214 the Korean Service Medal with one bronze service star;

	c.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, Korean Service Medal with three bronze service stars; Republic of Korea Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

	d.  issuing him a new DD Form 214 to reflect these changes.



      ____________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)                                         AR20100014475



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ABCMR Record of Proceedings (cont)                                         AR20100014475



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