IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100018109 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), be corrected to show he was discharged in pay grade E-6; he was awarded the Korean Service Medal (KSM) with three bronze service stars, the National Defense Service Medal (NDSM), the American Defense Service Medal (ADSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Army of Occupation Medal (AOM); and that he be awarded the Army Good Conduct Medal (AGCM).

2.  The applicant states the FSM came home with awards of the ADSM, the AOM, the NDSM, the KSM with three bronze service stars, and the ROKPUC; however, those awards were not reflected on his DD Form 214.  He also states the FSM was serving in pay grade E-6 when he was separated and he was never awarded the AGCM.

3.  The applicant provides:

* a copy of the FSM's DD Form 214
* a copy of the FSM's Honorable Discharge Certificate
* a copy of a newspaper article
* copies of documents from the FSM's records



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 FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States in Kansas City, Missouri, on 7 August 1951.  He completed training at Camp Chaffee, Arkansas, and departed for Japan on 8 January 1952.  He departed Japan on 30 January 1952 and was transferred to Korea for assignment to Battery A, 10th Field Artillery Battalion, on 7 February 1952.  He was promoted to the temporary rank of corporal on 9 June 1952.  He participated in three campaigns and he departed Korea on 13 February 1953 for assignment to Camp Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 6 May 1953.  He was transferred to the Enlisted Reserve Corps, now known as the U.S. Army Reserve (USAR), to complete his 8-year statutory service obligation.

4.  His DD Form 214 issued at the time of his REFRAD shows the FSM was awarded the KSM with two bronze service stars and the United Nations Service Medal (UNSM).

5.  The FSM was promoted to the rank and pay grade of sergeant first class (SFC)/E-6 on 13 October 1955 and was honorably discharged from the USAR on 6 August 1959.

6.  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 (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.

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.  Second and subsequent awards of the NDSM are denoted by a bronze service star.

8.  Army Regulation 600-8-22 states the ADSM is awarded for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

9.  Army Regulation 600-8-22 states the AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the AOM with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  The AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the AOM with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.

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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the FSM was assigned to a unit which was awarded the ROKPUC during the period he served with the unit.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that exists at the time the DD Form 214 is prepared.  Information/events that occur subsequent to the date covered by the DD Form 214 will not be retroactively entered on that form unless the event occurred during the period covered by the report.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's DD Form 214 should reflect the KSM with three bronze service stars instead of two has been noted and found to have merit.  The FSM participated in three campaigns and his DD Form 214 only reflects two bronze service stars.  Accordingly, his records should be corrected to reflect the KSM with three bronze service stars.

2.  The applicant's contention that the FSM's records should reflect awards of the NDSM and the ROKPUC has been noted and found to have merit.  Accordingly, those awards should be added as well.

3.  The applicant's contention that the FSM should have been awarded the ADSM, the AGCM, and the AOM has been noted; however, there is insufficient evidence in the available records to show the FSM met the eligibility criteria for those awards.  Therefore, in the absence of such evidence there appears to be no basis to add those awards at this time.

4.  The applicant's contention that the FSM's DD Form 214 should be corrected to reflect that he was REFRAD in pay grade E-6 has been noted and found to lack merit.  The FSM was REFRAD in the rank of corporal and that rank is properly reflected on the FSM's DD Form 214.  Accordingly, there is no basis to grant that portion of the applicant's request.

5.  However, the evidence of record does establish that the FSM is entitled to the ROKWSM and it should be added to his records at this time.



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 amending his DD Form 214 to:

* delete the KSM with two bronze service stars
* add the KSM with three bronze service stars, the NDSM, the ROKWSM, and the ROKPUC

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 changing the FSM's rank on his DD Form 214 and adding awards of the ADSM, the AOM, and the AGCM.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his late father in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100018109



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ABCMR Record of Proceedings (cont)                                         AR20100018109



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