BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100018239
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 26 March 1952 be corrected to show the Korean Service Medal with four bronze service stars.
2. The applicant states:
* His DD Form 214 shows the Korean Service Medal with three bronze service stars
* He arrived in Korea on 2 July 1950 and departed in late April or early May 1951 and during that period there were four campaigns
3. The applicant provides his DD Form 214 for the period ending 26 March 1952.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 15 March 1948. He served as an infantryman in Korea and was honorably discharged on 26 March 1952.
3. The applicant's DD Form 214 for the period ending 26 March 1952 shows the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, Bronze Star Medal, Distinguished Unit Emblem, and Korean Service Medal with three bronze service stars as authorized awards.
4. The applicant's service record shows he served in Korea from 8 July 1950 through 14 May 1951. He participated in five campaigns during his assignment in Korea:
United Nations (UN) Defensive 27 June - 15 September 1950
UN Offensive 16 September - 2 November 1950
Chinese Communist Forces (CCF)
Intervention 3 November 1950 - 24 January 1951
First UN Counteroffensive 25 January - 21 April 1951
CCF Spring Offensive 22 April - 8 July 1951
5. The applicant retired from the Army on 30 September 1968. His DD Form 214 for the period ending 30 September 1968 shows the National Defense Service Medal with First Oak Leaf Cluster as an authorized award.
6. A DD Form 215 (Correction to DD Form 214), dated 8 December 2003, amended the applicant's DD Form 214 for the period ending 30 September 1968 by adding, among other awards, the Korean Service Medal with three bronze service stars and United Nations Service Medal.
7. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Korean Service Medal. A silver service star will be worn instead of five bronze service stars.
8. 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 applicant's DD Forms 214 for the periods ending 26 March 1952 and
30 September 1968 show the Korean Service Medal with three bronze service stars. However, he participated in five campaigns during his assignment in Korea which entitles him to award of the Korean Service Medal with one silver service star. His DD Forms 214 for the periods ending 26 March 1952 and
30 September 1968 should be corrected to show this award.
2. Since the DD Form 215 added the United Nations Service Medal to his DD Form 214 for the period ending 30 September 1968, it would be appropriate to add this medal to his DD Form 214 for the period ending 26 March 1952.
3. The applicant served a period of qualifying service for award of the ROKWSM. His DD Forms for the periods ending 26 March 1952 and
30 September 1968 should be corrected to show this medal.
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. adding the United Nations Service Medal to his DD Form 214 for the period ending 26 March 1952;
b. deleting the Korean Service Medal with three bronze service stars from his DD Forms 214 for the periods ending 26 March 1952 and 30 September 1968; and
c. adding the Korean Service Medal with one silver service star and ROKWSM to his DD Forms 214 for the periods ending 26 March 1952 and
30 September 1968.
_________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.
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