IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020641 


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 reflect:

* he was discharged in the rank of sergeant first class (SFC) (promoted on 23 July 1953)
* he was awarded the Bronze Star Medal (BSM)
* he was awarded the Army Good Conduct Medal (AGCM)
* he was awarded the National Defense Service Medal (NDSM)
* he was awarded the Korean Service Medal (KSM) with two bronze service stars
* he was awarded the Combat Infantryman Badge (CIB)
* he was awarded the United Nations Service Medal (UNSM)
* his most significant duty assignment was “Company H, 32d Infantry, 7th Infantry Division 
* his permanent address for mailing purposes after separation is 1xxx6 West 22d Place, Golden, CO

2.  He also requests that he be issued awarded the Republic of Korea Presidential Unit Citation (PUC)

3.  The applicant states his DD Form 214 does not have his correct rank and does not include all medals he is entitled to.

4.  The applicant provides a copy of his DD Form 214 and a copy of a news release from the Public Information Office, Colorado Military District, Denver, CO, announcing his award of the BSM.

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 requested that the KSM with two bronze service stars, CIB, and the UNSM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the KSM with two bronze service stars, CIB, and the UNSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was residing at Route 2, Center, CO when he was inducted into the Army of the United States on 19 October 1951 in Denver, CO.

4.  He underwent his training as a heavy weapons infantryman at Camp Roberts, CA and was transferred to Camp Stoneman, CA for further transfer to Okinawa on 10 June 1952 and assignment to Company D, 29th Infantry Regiment.  He remained in Okinawa until he was transferred to Korea on 3 November 1952 for assignment to Company H, 32d Infantry Regiment, 7th Infantry Division.  He was promoted to the temporary rank of SGT on 18 May 1953.

5.  He remained with that unit until he departed Inchon, Korea on 29 June 1953 and he was transferred to Camp Carson, CO where he was honorably released from active duty (REFRAD) on 24 July 1953.  He was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.

6.  His DD Form 214 issued at the time of his REFRAD shows in:

* item 20 (Home Address at Time of Entry into Active Service) the entry "(Saguache) Route 2, Center, CO
* item 28 (Most Significant Duty Assignment) the entry "Company A,
32d Infantry"
* item 47 (Permanent Address for Mailing Purpose After Separation) the entry "See item 20"

7.  A review of his records shows that he had "excellent" conduct and efficiency ratings and his record is void of any derogatory information that would serve to disqualify him for the 1st award of the AGCM.

8.  AGO Form 0708 (Office of The Adjutant General, Decorations and Awards Unit, Washington, D.C. Record of Award of Decoration), shows General Orders Number 462, issued by Headquarters, 7th Infantry Division, dated 5 August 1953, awarded the applicant the BSM for meritorious service in Korea during the period 10 November 1952 to 31 May 1953.

9.  A search of the available records failed to show that the applicant was promoted to the rank of SFC on 23 July 1953.  In fact, his records contain a DA Form 428 (Application for Identification (ID) Card) which shows that he was issued a DD Form 2A (Reserve) on 24 July 1953 reflecting that his rank was that of an SGT when he was transferred to the ERC.  The applicant signed that form.

10.  The evidence of record also shows that his address after separation was Route 2, Center Colorado.  The address he currently provides is his current mailing address.

11.  On 1 April 2010, the National Personnel Records Center (NPRC) authorized the issuance of the National Defense Service Medal and the AGCM Medal set to the applicant.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information that is in effect at the time of separation.  Data will not be entered on the DD Form 214 retroactively unless the data involves events that occurred during the period covered by the DD Form 214.

13.  Department of the Army Pamphlet 672-1 (Unit citation and Campaign Participation Credit Register) provides a list of unit citations and campaign participation credit for units that participated in the Korea War.  It shows that at the time of the applicant's assignment to the 32nd Infantry Regiment it was cited for award of the Republic of Korea PUC during the period 30 September 1950 - 27 July 1953 by Department of the Army General Orders Number 22, dated 1956.
14.  Army Regulation 600-65 (Service Medals), 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; for 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," 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.

15.  Army Regulation 600-8-22 (Military Awards) 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.  

16.  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 contention that his DD Form 214 should be corrected to reflect he was REFRAD in the rank of SFC has been noted and appears to lack merit.  The evidence of record shows he was REFRAD in the rank of SGT and he was issued a Reserve ID Card in that same rank.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant this portion of his request.

2.  The applicant’s contention that his most significant unit as reflected in item   28 of his DD Form 214 should be Company H, 32d Infantry has been noted and found to have merit.  His DD Form 214 reflects Company A, 32d Infantry Regiment and there is no evidence to show he was ever assigned to Company A.  Accordingly, his DD Form 214 should be corrected to show the correct unit.
3.  The applicant’s contention that his DD Form 214 should be corrected to reflect the 1st award of the AGCM has been noted and appears to have merit.  The applicant’s records show he was qualified for award of the AGCM and he has already been issued the medal set.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant’s contention that awards of the NDSM and the BSM should be added to his records has also been noted and found to have merit.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The applicant’s unit during his period of assignment was cited for award of the Republic of Korea PUC.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant served during a qualifying period for award of the ROKWSM.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The applicant’s contention that his mailing address after separation should be changed on his DD Form 214 has been noted and found to lack merit.  The address reflected on his DD Form 214 was an address provided by the applicant at the time of his separation and he has failed to show that it was an invalid address at the time.

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:

	a.  adding to item 27 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

	b.  issuing to him the above awards; and

	c.  deleting from item 28 of his DD Form 214 the entry "Co A, 32nd Inf Regt" and replacing it with the entry "Co H, 32nd Inf Regt."

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 changing his rank and his address after separation on his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  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)                                         AR20100020641



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ABCMR Record of Proceedings (cont)                                         AR20100020641



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