IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100022322 


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 Bronze Star Medal.

2.  The applicant states he did not receive the BSM until after his discharge.

3.  The applicant provides a copy of General Orders Number 84, 2nd Infantry Division, dated 21 April 1951.

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 member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  On 27 September 1950, the applicant was called to active duty as an enlisted Reserve in the rank of private first class.

4.  The applicant's DD Form 214 shows:

	a.  he was assigned to Company F, 38th Infantry Regiment;

	b.  on 27 January 1951, he received a shrapnel wound in his right shoulder;

	c.  on 27 May 1951, he received a gunshot wound through his neck;

	d.  his awards consist of two Purple Hearts and the Korean Service Medal;

	e.  he was released from active duty on 28 July 1951;

	f.  he served for 8 months and 8 days overseas; and

	g.  he had attained the rank of corporal.

5.  General Orders Number 84, 2nd Infantry Division, dated 21 April 1951, awarded the applicant the BSM with "V" Device for heroic achievement on 
7 January 1951.

6.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the National Defense Service Medal for honorable active duty service between 27 July 1950 through 27 July 1954;

	b.  for award of the United Nations Service Medal to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations;

	c.  that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal; and
	

	d.  that 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 1953.  The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) 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 (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

7.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's service in the Republic of Korea from 7 January through 27 May 1951, he participated in the following two campaigns: First UN Counteroffensive and the CCF Spring Offensive.  This same regulation states that a bronze service star is authorized for wear on the Korean Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Korean Conflict.  This publication shows that the 38th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 72, dated in 1951, for award of the Distinguished Unit Citation [now known as the Presidential Unit Citation]; and was cited in DAGO Number 35, dated in 1951; DAGO Number 10, dated in 1954; and DAGO Number 41, dated in 1955; for a total of three awards of the Republic of Korea Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.

2.  General Orders show that the applicant was awarded the BSM with "V" Device for heroic achievement on 7 January 1951.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Korea.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Korean Service Medal.

4.  General Orders show that the applicant's unit was awarded the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  General Orders show that the applicant's unit was awarded on three separate occasions, the Republic of Korea Presidential Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show these awards.

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the:

* Bronze Star Medal with "V" Device
* two bronze service stars to be affixed to his already-awarded Korean Service Medal
* Presidential Unit Citation
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation with two Oak Leaf Clusters
* Republic of Korea War Service Medal



      ___________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)                                         AR20100022322





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ABCMR Record of Proceedings (cont)                                         AR20100022322



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