IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100022501 


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 Army) to show award of the Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, and the Republic of Korea War Service Medal.

2.  The applicant states he believes his record is in error because on 18 August 1952 he voluntarily extended on active duty and he served with Company F,
67th Transportation, 24th Transportation Battalion.

3.  The applicant provides a copy of his DD Form 214; a letter from the National Personnel Records Center, dated 3 May 2010; and a Massachusetts Legionnaire article, entitled "Korean War Service Medal Available to Veterans."

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 the applicant's records were lost or destroyed in the fire.  However, the record contains a properly constituted 
DD Form 214 which is sufficient to conduct a fair and impartial review of this case.  

3.  He enlisted the Regular Army on 30 December 1949 for a 3 year period of service.  He completed his initial training and he was assigned to the Transportation Corps.  The highest rank and pay grade he held was CPL (T) [corporal (temporary)]/E-4.

4.  On 3 December 1953, he was released from active duty.  His DD Form 
214 shows he served 3 years, 11 months, and 4 days of net active service with 
3 years, 5 months and 28 days of foreign service and no time lost.  This form does not show the geographical location of his foreign service tour.  His most significant duty assignment was with the 25th Quartermaster Company, 25th Infantry Division, Korea.

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 one bronze service star
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* United Nations Service Medal
* one overseas service bar

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

	a.  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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.


	b.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

7.  Army Regulation 600-65, 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 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant’s DD Form 214 does not provide the specific dates the applicant served in Korea, it does confirm he completed 3 years, 5 months, and 28 days of foreign service between 1950 and 1953 and he was awarded the Korean Service Medal with one bronze service star.  This is sufficient evidence to confirm his service in Korea.  Therefore, based on his qualifying period of service in Korea he is entitled to the Republic of Korea War Service Medal and correction of is DD Form 214 to show this award.

2.  By regulation, the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The DD Form 214 confirms he was promoted to the noncommissioned officer rank of corporal and he had no time lost at the time of his honorable discharge from active service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his    DD Form 214 should be corrected to show this award.

3.  With respect to the Army of Occupation Medal with Germany Clasp, there is insufficient evidence and the applicant provided no evidence to show he served in Germany or met the eligibility criteria for award of this medal.  

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:

* Army Good Conduct Medal (1st Award) for the period 30 December 1949 through 29 December 1952
* 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 the award of the Army of Occupation Medal with Germany Clasp and its addition to 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)                                         AR20100022501



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ABCMR Record of Proceedings (cont)                                         AR20100022501



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