IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003203 


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 that he be issued a DD Form 215 (Correction to
DD Form 214) for his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 August 1965, to reflect all of his authorized awards to include the Combat Infantryman Badge (2d Award), all of his citations from 1953 to 1954, Good Conduct Medals, Syngman Rhee Citation, and his Bronze Star Medals. 

2.  The applicant states he is authorized the above awards.

3.  The applicant provides a copy of his DD Form 214 and a page from his 
DA Form 24 (Service Record).

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 was born on 5 November 1921, inducted into the Army of the United States on 15 October 1943, and entered active duty on 5 November 1943.  He served until he was honorably discharged on 13 January 1946.   

3.  On 13 April 1946, he enlisted in the Regular Army and served through a series of continuous reenlistments until he was honorably retired in pay grade 
E-7, on 31 August 1965.  He had served 21 years, 6 months, and 27 days of active service.  The DD Form 214 that he was issued at the time of retirement shows his decorations in block 26 as being a Marksman Marksmanship Qualification Badge and a Certificate of Appreciation. 

4.  A review of the separation documents contained in his official records show at the time the documents were issued the awards he earned were listed on the document that covered that period of service.  However, his Official records also show he was awarded the Bronze Star Medal with one Oak Leaf Cluster (1OLC) and a “V” Device.  He was also awarded the Army of Occupation Medal (Germany) for his assignment to Berlin from 4 December 1961 to 16 January 1964.  These awards are not reflected on the respective separation documents.

5.  A review of his records also failed to show the applicant was awarded a second award of the Combat Infantryman Badge (CIB) or any foreign awards to include the Syngman Rhee Citation [a Korean Presidential Citation). 

6.  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 or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

7.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  The regulation in effect at the time of the applicant’s service provided that only those decorations and awards received during the period covered by the separation documents would be entered on that document.  However, the regulation currently in effect provides that all decorations and awards will be entered on the DD Form 214.  







DISCUSSION AND CONCLUSIONS:

1.  The regulation in effect at the time provided that only awards earned during the period covered by the separation document would be entered on the document and the applicant earned awards that span several separation documents.  However, some of his awards were authorized after his retirement. Therefore, it would be appropriate to enter those unlisted awards on his DD Form 214, dated 31 August 1965.  

2.  The evidence of record indicates he was awarded the Bronze Star Medal with
1 OLC and “V” Device and Army of Occupation Medal (Germany) and they are not reflected on his separation documents.  Accordingly, these awards should be added to his DD Form 214, dated 31 August 1965.  

3.  Additionally, the applicant served in Korea during a period that qualifies for award of the ROKWSM.  Accordingly, he should be awarded the ROKWSM at this time and it should be added to his DD Form 214.

4.  The applicant’s contention that his records should be corrected to reflect a second award of the CIB has been noted and appears to lack merit.  His official records do not contain any evidence and he has not submitted any evidence to show that he was awarded a second award of the CIB.  Therefore, in the absence of such evidence there appears to be no basis for adding the badge to his DD Form 214.

5.  The applicant’s contention that all of his awards should be added to his 
DD Form 214, dated 31 August 1965, has also been noted and also appears to lack merit.  The regulation in effect at the time provided that only those awards earned during the period covered by the DD Form 214 would be entered on that form.  Accordingly, there appears to be no basis to consolidate all of his awards on his last DD Form 214 at this time.  

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:

* awarding him the ROKWSM
* adding the Bronze Star Medal with 1 OLC and “V”Device, AOM (Germany), and ROKWSM to his DD Form 214, dated 31 August 1965

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 adding the CIB (2d Award), foreign awards to include the Syngman Rhee Citation, or any other awards and decorations to his DD Form 214, dated 31 August 1965.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _________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)                                         AR20110003203



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ABCMR Record of Proceedings (cont)                                         AR20110003203



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