IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100021490 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show in:

	a.  item 3 (Grade - Rate - Rank and Date of Appointment) the entry private first class (PFC)/E-3) instead of private (PV2)/E-2;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Korean Service Medal (KSM) and United Nations Service Medal (UNSM); and

	c.  item 30 (Dates) the entry January - May 1954 instead of May - June 1954.

2.  He states, in effect, an administrative error occurred at the time his DD Form 214 was prepared.  He does not understand why the KSM and UNSM were omitted from his DD Form 214 because he served in Korea during the designated periods for these awards.

3.  He provided:

* two self-authored letters
* his course completion certificate for the Artillery Enlisted Communications Course, Class Number 59
* a Mystic Order of the Golden Dragon certificate


* his DD Form 214
* a Certificate of Service card

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.  His 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 (NPRC) in 1973.  It is believed that his 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.  His DD Form 214 shows he was inducted in the Army of the United States (AUS) on 6 August 1953.

4.  He provided a course completion certificate from the Artillery School, Fort Sill, OK.  This certificate shows he completed the Artillery Enlisted Communication Course on 12 May 1954.  A self-authored statement shows he attended two major courses for completion of his advanced individual training (AIT).  The first course was Radio Theory and Morse code conducted at Fort Chaffee, AR from October 1953 to January 1954.  The second phase of AIT was the Artillery Enlisted Communication Course at Fort Sill from mid-January to mid-May 1954.

5.  He also provided a certificate that showed he was a passenger aboard the General W.E. (should read W.H.) Gordon T-AP 117, which was a civilian-manned Navy transport ship, dated 17 June 1954.  He knows this is not an official document, but contends it was issued to service members aboard ship the date they crossed the International Dateline.  Once the ship crossed the International Dateline, it took an additional 10 to 12 days to arrive in Korea.


6.  His DD Form 214 shows he was honorably released from active duty on
22 June 1955 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  He completed 1 year, 10 months, and 17 days of net service.  This form also shows in:

* item 3 the entry PVT-2 (P) [Permanent) 22 April 1955
* item 26 (Foreign and/or Sea Service) the entry 10 months and 26 days
* item 27 the National Defense Service Medal 
* item 28 (Most Significant Duty Assignment) the entry Radio Operator, Headquarters and Headquarters Company (HHC), 34th Infantry Regiment
* item 30 the entry May - Jun -54
* item 38 (Remarks) the entry no days lost and PVT-2 (P) 22 April 1955

7.  He provided a Certificate of Service card that shows he served honorably in the AUS from 6 August 1953 to 22 June 1955.  The rank shown on this card is PFC.

8.  He provided two self-authored letters written to the NPRC, on 4 June 2010, and to the ABCMR, on the date of his application.  These letters state, in pertinent part, that he arrived in Korea around the first week in July 1954.  He was initially assigned to the 13th Combat Engineer Battalion, 7th Infantry Division and he was later transferred to the 34th Infantry Regiment, 24th Infantry Division; both units were positioned on the Demilitarized Zone in Korea.  

9.  A review of his reconstructed records indicates he may be entitled to additional awards that are not shown on his DD Form 214.

10.  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" 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.  

11.  Army Regulation 600-8-22 (Military Awards) provides guidance and authority on the issuance of military awards and lists the following criteria:

	a  the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;

	b.  the UNSM was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations between 27 June 1950 and 27 July 1954.  Award of the KSM automatically establishes eligibility for award of the UNSM; and

	c.  Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Army Regulation 635-5 (Personnel Separations), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the separation of military personnel.  Item 3 of the DD Form 214 shows the grade in which an enlisted Soldier was serving at the time of separation with an indication whether it was a permanent or a temporary grade.  Additionally, this item also shows the date of rank for the grade shown.  If the grade at the time of separation was not permanent, the permanent grade, date of appointment, and date of rank if different from the date of appointment was entered in item 38.

13.  Special Regulation 615-25-15 (Enlisted Personnel Military Occupational Specialties), provides a listing of military occupational specialties and the numbers that coincide with each specialty.  MOS 1542 is listed as a Field Communications Chief.

14.  The Department of the Navy, Naval Historical Center website provides a brief description of the history of the U.S. Navy Ship (USNS) General W. H. Gordon T- AP 117.  It states it was one of two ships chartered by the War Shipping Administration of the American President Lines (APL) in mid-1946 for postwar operations.

15.  In November 1951, upon expiration of APL's charter, the USNS General W. H. Gordon was taken into the Military Sea Transportation Service and reinstated on the Naval Vessel Register for use as a civilian-manned Navy transport ship for service members supporting the Korean War.  The first of many transport Pacific voyage missions occurred in December 1951.  Final operations for Korea ended in the year 1958, at the start of the Vietnam War. 


DISCUSSION AND CONCLUSIONS:

1.  Although the applicant submits his Certificate of Service card which shows he served in the rank of PFC, the available evidence record shows that he obtained the permanent rank of PVT-2 on 22 April 1955.  There is the presumption of government regularity in that the rank/grade entered in items 3 and 38 of his
DD Form 214 was entered in accordance with Army Regulations in effect at that time.  Therefore, without orders or a morning report entry to corroborate that he was promoted to PFC, he is not entitled to this portion of his requested relief.

2.  He contends he attended two phases of training for MOS 1542.  He contends the second phase of training began mid - January, and it ended 12 May 1954 as shown on his certificate of training.  His contentions are not in question; however, without proper documentation (such as orders or a morning report entry) to show the date he entered training, this portion of the requested relief cannot be granted.

3.  Based on entries on his DD Form 214, which indicate he received an honorable discharge and had no time lost, it would be appropriate to award him the AGCM (1st Award) for the period 6 August 1953 through 22 June 1955 and to correct his DD Form 214 to show this award.

4.  He provided a certificate that shows he passed the International Dateline on 17 June 1954.  The U.S. Navy website confirms the USNS General W. H. Gordon provided transport service for service members serving in support of the Korean War efforts.  Therefore, it is reasonable to presume that his 10 months and 26 days of foreign service was served in the Republic of Korea.

5.  He stated he arrived in Korea the first week in July 1954.  By subtracting 
10 months and 26 days from the date he was released from active duty on
22 June 1955 and subtracting an additional 20 days of travel time on his departure and his return, the approximate date he arrived in Korea would have been between 29 June and 14 July 1954.  Based on this approximate period of entry in country, he is eligible for the KSM and the UNSM correction of his
DD Form 214 to show these awards.

6.  Based on the presumption that his period of service in Korea began between 
29 June and 14 July 1954, and ended between May and June 1955, he is eligible for award of the KDSM and to have this award added to this DD Form 214. 


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.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 August 1953 to 22 June 1955, and

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

* Army Good Conduct Medal (1st Award)
* Korean Service Medal
* United Nations Service Medal
* 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 changing his rank to PFC and the dates he attended the Artillery Enlisted Communications Course on his DD Form 214.



      ____________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)                                         AR20100021490



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ABCMR Record of Proceedings (cont)                                         AR20100021490



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