IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100026741 


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 to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Bronze Star Medal with "V" Device, shell fragment wounds to his left arm, and award of the Presidential Unit Citation. 

2.  The applicant states his DD Form 214 is in error and should be corrected to show all his shell fragment wounds, by adding the "V" device to his previously awarded Bronze Star Medal, and adding the Presidential Unit Citation.

3.  The applicant provides these documents:

* DD Form 214 with a separation date of 18 June 1952
* General Orders Number 502, dated 22 December 1950
* General Orders Number 7, dated 13 March 1951
* newspaper clipping 
* article from Veterans of Foreign Wars (VFW) magazine, dated June/July 2010
* letter, dated 28 May 1985, from U.S. Army Reserve Components Personnel and Administration Center (RCPAC)

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 the applicant's 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.  Within the applicant's reconstructed record is a copy of his DD Form 214 with a separation date of 18 June 1952.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 31 December 1948.  He served in military occupational specialty 3648 (Radio Repairer).  

4.  The applicant was awarded the Bronze Star Medal with "V" Device by General Orders Number 502 issued by Headquarters, 25th Infantry Division on 22 December 1950. 

5.  He was awarded the Purple Heart by General Orders Number 7 issued by Headquarters, 89th Medium Tank Battalion on 13 March 1951 for wounds received in action on 27 September 1950.

6.  On 18 June 1952, the applicant was honorably discharged from active Federal service.  His DD Form 214 shows he served 2 years, 9 months, and 6 days of foreign service.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received these awards:

* Army of Occupation Medal with Japan Clasp
* Purple Heart 
* Bronze Star Medal
* two overseas service bars
* Korean Service Medal with five bronze service stars

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows he received shell fragrant wounds to his left leg on 27 September 1950.

9.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  

10.  The SGO files show the applicant sustained wounds to his left elbow, buttock and hip on 27 September 1950 from hostile explosive projectile shells.  

11.  Department of the Army General Order (DAGO) Number 38 issued in 1957 awarded the Presidential Unit Citation to the 89th Medium Tank Battalion, 25th Infantry Division for the periods:

* from 21 April to 26 April 1951
* from 16 May to 30 June 1951
* from 11 September to 25 September 1951

12.  By letter from RCPAC on 28 May 1985, he was informed he was authorized the Republic of Korea Presidential Unit Citation, a foreign award. 

13.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

	b.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 89th Medium Tank Battalion, 25th Infantry Division was awarded the Republic of Korea Presidential Unit Citation for the period 5 May to 9 July 1953 by DAGO Number 19, issued in 1955.  

	c.  Army Regulation 600-8-22 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.  
	d.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	e.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence of record recorded in SGO files, he is entitled to a correction of item 29 of his DD Form 214 to add, "SHELL FRAGMENT WOUNDS, LEFT ARM."

2.  The general order announcing his award did state he was awarded the Bronze Star Medal with "V" device.  Therefore, he is entitled to a correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.

3.  Based on his award of the Korean Service Medal, he is entitled to award of the United Nations Service Medal and correction of his record to show this award.

4.  Based on his honorable service during a qualifying period, he is entitled to award of the National Defense Service Medal.  

5.  Based on award of the Purple Heart for wounds incurred in the Republic of Korea on 27 September 1950, award of the Bronze Star Medal with "V" Device, and foreign service of over 2 years, a presumption can be made that he served in the Republic of Korea for 30 consecutive days or more.  Therefore, he is entitled to award of the Republic of Korea War Service Medal.

6.  While his unit was awarded the Presidential Unit Citation by DAGO Number 38 issued in 1957 for three separate periods of service in combat, the applicant's unit assignment history is not available to confirm he was assigned to it during a period of eligibility.  Therefore, there is insufficient evidence with which to correct his DD Form 214 to show this award.
 
7.  As he was discharged from active duty on 18 June 1952, records show he did not serve in the Republic of Korea during a qualifying period of service when his former unit was awarded the Republic of Korea Presidential Unit Citation.  Therefore, he is not entitled to a correction of his record to show this award.

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.  removing from item 27 of his DD Form 214 the Bronze Star Medal;

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

* Bronze Star Medal with "V" Device
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

	c.  adding to item 29 of his DD Form 214 these words, "SHELL FRAGMENT WOUNDS, LEFT ARM."

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 correcting his record to show the Republic of Korea Presidential Unit Citation and the Presidential Unit Citation.




      ____________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)                                         AR20100026741





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ABCMR Record of Proceedings (cont)                                         AR20100026741



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