IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100020576 


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 the:

* Bronze Star Medal with "V" device
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* Republic of Korea Presidential Unit Citation

2.  The applicant states he was awarded the Purple Heart, Bronze Star Medal with "V" Device, and the Army Good Conduct Medal.  He has been informed he is entitled to the other awards.

3.  The applicant provides a certificate for the award of the Purple Heart.

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 that 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 was inducted into the Army of the United States on
13 December 1950.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 1745 (Light Weapons Infantryman).

4.  His units of assignment and the dates of his assignments were not available for review.

5.  On 13 September 1952, he was honorably released from active duty and he was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining service obligation.  He completed 1 year and 9 months of total active service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, among other awards, he was awarded the Bronze Star Medal and the Korean Service Medal with one bronze service star.  However, it does not show he was awarded the Bronze Star Medal with "V" Device.  Item 27 also does not show he was awarded or is authorized the:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* Republic of Korea Presidential Unit Citation

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "GUN SHOT WOUND KOREA 26 OCT 51."

8.  A letter from the Office of the Adjutant General, Army Records Center, St. Louis, MO, subject:  Letter Orders - Purple Heart, dated 15 May 1957, awarded the applicant the Purple Heart "for wounds received in action against the enemy on 26 October 1951 in Korea, while assigned a Corporal, 8th Cavalry Regiment."

9.  A letter from the Chief, Awards Branch, Entitlements Division, U.S. Army Reserve Personnel Center, St. Louis, dated 14 August 1992, states the applicant is authorized the Republic of Korea Presidential Unit Citation; however, there was insufficient information to show his entitlement to the Army of Occupation Medal with Japan Clasp.

10.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign  Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for the Korean War.  This pamphlet does not show the 8th Cavalry Regiment received occupation credit at any time.  

11.  DA Pamphlet 672-1 shows the 8th Cavalry Regiment was awarded the Bravery Gold Medal of Greece during the period of war, Korea.

12.  Army Regulation 600-8-22 (Military Awards) provides that formal recommendations, approval through the chain of command, and announcement in orders is required for all decorations and the Army Good Conduct Medal.

13.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated 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 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the Report of Separation and Discharge Certificate.

14.  Army Regulation 600-8-22 states the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).

15.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for the period between 27 July 1950 and 
27 July 1954.  
16.  The applicant is entitled to an additional award that is not listed on his 
DD Form 214.

17.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense (Force Management Policy) on 20 August 1999 for acceptance and wear by veterans of the Korean War.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served in Korea and adjacent waters between 25 June 1950 and 27 July 1953 while on permanent assignment; or while on temporary duty for 30 consecutive days, or for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto; or while as a crew member of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  Based on a letter order and a letter from U.S. Army Reserve Personnel Center the applicant was awarded or is authorized the Purple Heart and the Republic of Korea Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  There are no orders available showing he was awarded the Bronze Star Medal with "V" Device or the Army Good Conduct Medal.  Therefore, there is an insufficient basis for adding these awards to his DD Form 214. 

3.  Based on the period of his military service he is entitled to the National Defense Service Medal and correction of his DD Form 214 to show this award.

4.   The applicant is authorized the Korean Service Medal with one bronze service star, the Republic of Korea Presidential Unit Citation, and the Bravery Gold Medal of Greece.  This is sufficient evidence to show he was permanently assigned in Korea.  Therefore he is entitled to the Republic of Korea War Service Medal and correction of his DD Form 214 to show this award.

5.  According to his orders for the award of the Purple Heart, he was assigned to the 8th Cavalry Regiment.  Department of the Army Pamphlet 672-1 does not show the 8th Cavalry Regiment as having received occupation credit at any time during the Korean War.  Therefore, there is no basis for authorizing him the Army of Occupation Medal with Japan Clasp.

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:

* Purple Heart
* National Defense Service Medal
* Bravery Gold Medal of Greece
* Republic of Korea Presidential Unit Citation
* Republic of Korea War 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 adding to item 27 of his
DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal
* Army of Occupation Medal with Japan Clasp



      __________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)                                         AR20100020576



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ABCMR Record of Proceedings (cont)                                         AR20100020576



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