IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027434 


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 Presidential Unit Citation and three campaign stars (properly known as bronze service stars).

2.  The applicant states he believes he is entitled to these awards and it was an oversight (that they were not added to his DD Form 214).  He was attached to the Air Force and there was confusion as to who was responsible for him.  His records were not destroyed in the fire as he has the documents to prove it.

3.  The applicant provides his DD Form 214, a magazine article, a typed page titled 440th Signal Battalion History, orders, and seven letters.

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 to the Board 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 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.  The applicant's available records show he enlisted in the Regular Army on 20 September 1948 and he held military occupational specialty 3238 (Telephone and Telegraph Pole Lineman).  He was honorably released from active duty on 16 July 1952.  He completed 3 years, 9 months, and 27 days of active service with 2 years, 1 month, and 12 days of foreign service.

4.  While in the Republic of Korea he was assigned to Company A, 440th Signal Battalion.  The exact dates of his service in Korea are unknown.  However, his available records contain documents that confirm the applicant was assigned to Company A, 440th Signal Battalion on 9 September 1951 through 6 January 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, United Nations Service Medal, and the Army of Occupation Medal (Japan).

6.  On 10 September 1999, Human Resources Command (HRC) issued him a DD Form 215 (Correction to DD Form 214) to show awards of the Republic of Korea Presidential Unit Citation and the Air Force Outstanding Unit Award. 

7.  On 1 March 2001, HRC issued him a DD Form 215 to show awards of the National Defense Service Medal and the Army Good Conduct Medal. 

8.  Department of the Army Pamphlet 672-3 1 (Unit Citation and Campaign Participation Credit Register) shows 440th Signal Battalion was cited for award of the Presidential Unit Citation for the period 1 October - 31 December 1950 by Department of the Army General Orders Number 457, dated 1951.  

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited.



10.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Korean Service Medal.  A review of the applicant's records shows he participated in the following two campaigns:

* United Nations Summer-Fall Offensive (9 July – 27 November 1951)
* Second Korean Winter 1951-1952 (28 November 1951 – 30 April 1952)

11.  Army Regulation 600-8-22 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 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and DD Form 215.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Once a DD Form 214 has been issued, do not reissue, except when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record confirms that during his assignment in Korea the applicant participated in two campaigns.  Therefore, he is entitled to two bronze service stars to be worn affixed to his already-awarded Korean Service Medal and correction of his records to show this award.

2.  The applicant served a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.



3.  As his records already contain two DD Forms 215 and additional corrections are required, all previously-issued separation documents should be voided and a new DD Form 214 should be issued to show all corrections.

4.  With respect to the Presidential Unit Citation, the applicant's reconstructed record does not show he was assigned to the 440th Signal Battalion during the period the unit was cited for this award.  Therefore, he is not entitled to the requested relief.

5.  With respect to the three bronze service stars, the available records can only confirm the applicant's participation in two campaigns.  Therefore, he is not entitled to the full relief requested.

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.  voiding the applicant's DD Form 214 and two DD Forms 215, dated 16 July 1952, 10 September 1999, and 1 March 2001 respectively; and 

	b.  issuing him a DD Form 214 which shows in item 27 the awards of the Korean Service Medal with two bronze service stars, United Nations Service Medal, Army of Occupation Medal (Japan), Republic of Korea Presidential Unit Citation, Air Force Outstanding Unit Award, National Defense Service Medal, Army Good Conduct Medal, and the 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 correction of his DD Form 214 to show awards of the Presidential Unit Citation and three bronze service stars.  



      ____________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)                                         AR20100027434





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ABCMR Record of Proceedings (cont)                                         AR20100027434



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