BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100021740 


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 award of the Army Commendation Medal and his service in Korea.

2.  The applicant states he served in Korea from 13 September 1951 to 21 July 1952 and he was awarded the Army Commendation Medal with pendant but neither the award nor the combat service is listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate
* General orders and citation for award of the Army Commendation Medal
* Letter from his commanding officer

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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center 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 to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 10 February 1951.  This form also shows at the time of his separation, he held military occupational specialty 4014 (Wheel Vehicle Mechanic) and his most significant duty assignment (i.e., his last duty assignment) was with Headquarters and Service Company, 1343rd Engineer Construction Battalion, Korea.

4.  His DD Form 214 further shows he completed 1 year, 9 months, and 4 days of creditable active military service, of which 11 months and 20 days was foreign service.  He was honorably separated on 13 November 1952.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service (campaign) stars, United Nations Service Medal, and one Overseas Service Bar.  

6.  General Orders Number 237, issued by Headquarters, X Corps, dated 23 July 1952, awarded him the Army Commendation Medal for service in Korea from 13 September 1951 to 22 July 1952. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 then in effect showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., U.S. Army Europe or U.S. Army Vietnam).  

8.  A review of the evidence indicates he is entitled to an additional award in recognition of his Korean service which is not shown on his DD Form 214.

9.  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 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

10.  Army Regulation 600-8-22 also states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during his service in Korea, the applicant participated in three campaigns as shows below. This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign:

* UN Summer - Fall Offensive,  9 July to 27 November 1951
* Second Korean Winter, 28 November 1951 to 30 April 1952
* Korea Summer - Fall 1952, 1 May to 30 November 1952

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence shows he served a qualifying period of service for award of the National Defense Service Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The available evidence shows the applicant served in Korea from 13 September 1951 to 22 July 1952.  Based on his dates of service in Korea, he participated in three campaigns and he should have received three bronze service stars instead of two to be worn with the Korean Service Medal.
4.  His period of foreign service is captured in item 26 (Foreign and/or Sea Service) of his DD Form 214.  There is no provision in the regulation to list the specific country of foreign service in item 26.  Nevertheless, his service in Korea qualifies him for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his records to show this award.  Additionally, the applicant may use these proceedings to confirm his foreign service in Korea.

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 deleting from his DD Form 214 the Korean Service Medal with two bronze service stars and adding to his DD Form 214 the:

* Army Commendation Medal
* National Defense Service Medal
* Republic of Korea War Service Medal
* Korean Service Medal with three bronze service stars

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 listing his service in Korea 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)                                         AR20100021740



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ABCMR Record of Proceedings (cont)                                         AR20100021740



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