BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015691 


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 award of the Korean Service Medal, United Nations Service Medal, Korea Defense Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.

2.  The applicant states he served two years in the 103rd Infantry, Maine Army National Guard (MEARNG) and he attended the Basic Noncommissioned Officer (NCO) School at Fort Benning, GA.  Upon return to his unit, he decided to enter active duty and he was ordered to report for duty at Fort Dix, NJ on 5 July 1954.

   a.  He states he boarded the General John Pope troop ship for a 12-day voyage to Korea and recalls crossing the International Date Line on 29 August 1954.

   b.  Upon arrival in Korea he was assigned to Company K, 34th Infantry Regiment, 24th Infantry Division, and transported north to the Demilitarized Zone (DMZ).

   c.  He recalls his selection to a rifle team, participation in a competition in Japan in late 1954, and his return to Korea.  He adds that he served a total of
16 months in Korea and he returned to the continental United States in December 1955. 


   d.  He states according the Federal Benefits for Veterans booklet published by the Department of Veterans Affairs (VA), the ceasefire was declared on
31 January 1955, so technically he served in a war zone.

   e.  He states he believes he should have been awarded the Korean Service Medal, United Nations Service Medal, Korea Defense Service Medal, Presidential Unit Citation, and Republic of Korea Presidential Unit Citation.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), Dragon News Bulletin, six pages of photographs, an extract from the VA 2009 Federal Benefits for Veterans book, and one page of cut-outs from a military awards catalog.

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 service 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 the applicant's records were lost or destroyed in that fire.  However, the applicant's DD Form 214 provides sufficient documentary evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was ordered to active duty as a member of the MEARNG on 5 July 1954, he was honorably released from active duty on 3 July 1956, and he reverted to the MEARNG to complete his Reserve obligation.  It also shows he served in military occupational specialty 111.70 (Light Weapons Infantryman) and his most significant duty assignment was as Platoon Sergeant, Company K, 34th Infantry Regiment, APO 24.

   a.  Item 21 (Net Service Completed for Pay Purposes This Period) shows
1 year, 11 months, and 29 days.
   b.  Item 26 (Foreign and/or Sea Service) shows 1 year, 3 months, and
20 days.

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

4.  In support of the applicant's request, he provides the following documents:

   a.  Dragon News Bulletin, Volume V, Number 7, dated 25 June 1955, that shows the applicant participated in the Commonwealth Invitational Rifle Meet in June 1955.  He had the only perfect score on the 200 yard rapid fire, finished with the highest individual point total, and won the unofficial individual championship.

   b.  Six pages of 19 photographs showing the applicant and other Soldiers in Korea.  They also show the applicant at the rifle meet, a picture of his uniform, and a picture of Debbie Reynolds with the United Services Organization (USO) tour.

   c.  A one-page extract from the VA 2009 Federal Benefits for Veterans booklet that shows "Korean War:  June 27, 1950 through January 31, 1955."  [Further research shows that the previous page states "[c]ertain VA benefits require service during wartime.  Under the law, VA recognizes these war periods: …"]

   d.  A one-page copy of cut-outs from a military awards catalog showing the Presidential Unit Citation, Korean Defense Service Medal, United Nations Korean Service Medal, Korean Service Medal, Republic of Korea Presidential Unit Citation, National Defense Service Medal, and the Army Good Conduct Medal.

5.  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 Korea.  This document shows during the Korean War the Republic of Korea Presidential Unit Citation was awarded to:

   a.  the 34th Infantry Regiment for actions during the period 2 - 22 July 1950 by Department of the Army General Orders (DAGO) Number 35 (1951) and from
19 September 1950 - 31 July 1952 by DAGO 41 (1955); and

   b.  the 2nd Battalion, 34th Infantry Regiment, for actions during the period
1 August 1952 - 30 September 1953 by DAGO 23 (1954).

   c.  There is no evidence that the 34th Infantry Regiment was awarded the Presidential Unit Citation.

6.  The U.S. Army Center of Military History website at:   www.history.army.mil provides a history of the Korean War.  It shows that Lieutenant General Nam Il, Communist Forces, and Lieutenant General William K. Harrison, Jr., United Nations Command Forces, signed the armistice agreement at Panmunjom on
27 July 1953 and established the cease-fire demarcation line that approximated the final front at the 38th Parallel.

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

	a.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  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.

   c.  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 a crew member of an aircraft in aerial flight over Korea participating in combat operations or in support of combat operations.

   d.  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.

	e.  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.


	f.  the Republic of Korea Presidential Unit Citation is awarded by the Korean government to units of the Armed Forces of the United States in recognition of participation in the Korean War.  Award of the Republic of Korea Presidential Unit Citation was announced in Department of the Army General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Korean Service Medal, United Nations Service Medal, Korea Defense Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation based on his service with Company K, 34th Infantry Regiment, 24th Infantry Division, on the DMZ in Korea from August 1954 to December 1955.

2.  The evidence of record shows the applicant was credited with completing
1 year, 3 months, and 20 days of overseas service.  The applicant contends he departed the United States on a troop ship in late August 1954 on a 12-day voyage, crossed the International Date Line on 29 August 1954, and served in the Republic of Korea until December 1955.

   a.  Based on the available records, a calculation of the applicant's period of overseas service reveals the following:

	1954  08  20		date of departure from United States to Korea
	+  01  03  20		total period of overseas service
	1955  12  10		date of return to the United States

   b.  Thus, it is determined that the applicant's period of overseas service in Korea was from 20 August 1954 through 10 December 1955.

3.  In view of the foregoing, the available evidence does not support award of the 
Korean Service Medal, United Nations Service Medal, or the Republic of Korea War Service Medal because the applicant's service in Korea was after 27 July 1954, the ending date of the period of eligibility for these service medals.

4.  There is no evidence the applicant's unit was awarded the Presidential Unit Citation or Republic of Korea Presidential Unit Citation during the period of his assignment to Company K, 34th Infantry Regiment in Korea.  Therefore, he is not entitled to either of these unit awards.

5.  The evidence of record shows the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal. Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.
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 adding to item 27 of his DD Form 214 the Korea Defense Service 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 Korean Service Medal, United Nations Service Medal, Republic of Korea War Service Medal, 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)                                         AR20100015691



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ABCMR Record of Proceedings (cont)                                         AR20100015691



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