BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004475 


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 Active Duty) to show he was awarded the Korean Service Medal with five in lieu of three bronze service stars. 

2.  The applicant states he served in Korea from 4 January 1951 to 15 April 1952.  

3.  The applicant provides:

* A printout of the history of the 121st Transportation Truck Company
* Medical Clearance Certificate
* June/July 2010 VFW (Veterans of Foreign Wars) printout
* Special Orders Number 86
* Special Orders Number 126

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 his 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/impartial review of this case.

3.  The applicant's DD Form 214 shows he was ordered to active duty from the Pennsylvania Army National Guard (PAARNG) and entered active duty on 19 August 1950.  

4.  His DD Form 214 further shows that at the time of his separation, he held military occupational specialty 1931 (Truckmaster) and his most significant assignment was with the 121st Transportation Truck Company.

5.  He provides two sets of orders:

	a.  Special Orders Number 86, issued by Headquarters, 231st Transportation Truck Battalion releasing him from assignment to the 121st Transportation Truck Company in April 1952 and transferring him to another unit for release from active duty.

	b.  Special Orders Number 126, issued by Headquarters, Camp Stoneman, CA, releasing him from assignment for the purpose of release from active duty.

6.  He completed 2 years, 11 months, and 3 days of creditable military service with no lost time, of which 1 year, 4 months, and 22 days was foreign service. 

7.  He was honorably discharged on 21 May 1952 and transferred back to the control of the PAARNG and he was issued an Honorable Discharge Certificate.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Korea Service Medal with 3 bronze service stars
* United Nations Service Medal

8.  He submitted the following documents:

* A printout of the history of the 121st Transportation Truck Company, campaign participation, awards, and a unit roster (the applicant's name is listed)
* Medical Clearance Certificate, dated 16 April 1952, confirming he was in Korea on that date
* June/July 2010 VFW printout listing the Korea campaigns

9.  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.  It also states, in pertinent part, that a bronze service star is authorized with this award for each Korea campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  During the Korean War, the Army received credit for the following campaigns:

* UN Defensive, 27 June to 15 September 1950
* UN Offensive, 16 September to 2 November 1950
* CCF Intervention, 3 November 1950 to 24 January 1951
* First UN Counteroffensive, 25 January to 21 April 1951
* CCF Spring Offensive, 22 April to 8 July 1951
* UN Summer - Fall Offensive, 9 July to 27 November 1951
* Second Korean Winter, 28 November 1951 to 30 April 1952
* Korea Summer - Fall 1952, 1 May to 30 November 1952
* Third Korean Winter, 1 December 1952 to 30 April 1953
* Korea, Summer, 1 May to 27 July 1953

DISCUSSION AND CONCLUSIONS:

The applicant completed 1 year, 4 months, and 22 days of foreign service.  Although it is unclear where this foreign service was completed (Korea, Hawaii, Thailand, Japan, etc), based on the orders he provides, he returned from Korea on or about 12 April 1952.  This, coupled with his current campaign participation indicates he arrived in Korea in or about January 1951.  This period of service would have qualified him for a silver service star with his Korean Service Medal based on campaign participation credit for: 

* CCF Intervention, 3 November 1950 to 24 January 1951
* First UN Counteroffensive, 25 January to 21 April 1951
* CCF Spring Offensive, 22 April to 8 July 1951
* UN Summer - Fall Offensive, 9 July to 27 November 1951
* Second Korean Winter, 28 November 1951 to 30 April 1952


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 deleting from item 26 of his DD Form 214 the Korean Service Medal with three bronze service stars and adding the Korean Service Medal with silver service star. 



      _______ _   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)                                         AR20110004475



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ABCMR Record of Proceedings (cont)                                         AR20110004475



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