IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002132
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 his award of the Bronze Star Medal be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states he didn't receive the award until after he was discharged.
3. The applicant provides:
* DD Form 214
* orders awarding him the Bronze Star Medal
* DA Form 638 (Recommendation for Award - Meritorious Achievement or Service)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the Board were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.
3. He enlisted in the Regular Army on 22 January 1951 for a period of 3 years.
4. According to the DA Form 638, dated 8 February 1954, he was recommended for the award of the Bronze Star Medal for meritorious service from 4 March 1953 to 17 December 1953 while assigned to Battery C, 145th Antiaircraft Artillery Automatic Weapons Battalion in the Republic of Korea.
5. On 14 January 1954, he was released from active service. He completed
2 years, 11 months, and 23 days of active service. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicated he was awarded or is authorized the:
* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
* National Defense Service Medal
* Parachutist Badge
6. Headquarters, 45th Infantry Division General Orders Number 50, dated
2 March 1954, awarded him the Bronze Star Medal for meritorious service in Korea from 4 March 1953 to 17 December 1953.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for the Korean War. The pamphlet shows the 145th Antiaircraft Artillery Automatic Weapons Battalion was awarded the Republic of Korea Presidential Unit Citation for the period from
10 December 1951 to 31 July 1953.
8. Army Regulation 600-8-22 (Military Awards) 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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Bronze Star Medal for service in Korea. Therefore, this award should be added to his DD Form 214.
2. Based on his period of service in Korea, documented on the DA Form 638, he is authorized the Republic of Korea Presidential Unit Citation and the Republic of Korea War Service Medal.
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 amending item 27 of his DD Form 214 to add the:
* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* 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) AR20110002132
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ABCMR Record of Proceedings (cont) AR20110002132
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