IN THE CASE OF:	  

		BOARD DATE:	    27 September 2011

		DOCKET NUMBER:  AR20110006107 


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, in effect, the United States Army Reserve (USAR) Achievement Medal and issuance of three bronze service stars.

2.  The applicant states:

	a.  he did not receive the USAR Achievement Medal; and

	b.  he did not receive three bronze service stars with his Korea Service Medal (KSM).

3.  The applicant provides no additional documents.

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed record which primarily consists of his WD AGO Form 53-55.

3.  The applicant's DD Form 214 (Report of Separation from the Armed forces of the United States) shows he was inducted into the Army of the United States and entered active duty on 13 March 1952.  He continued to serve until he was honorably released from active duty on 12 December 1953, and transferred to the USAR.

4.  His DD Form 214 shows he completed 1 year and 9 months of creditable active military service of which 11 months and 1 day was foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:

* KSM
* United Nations Service Medal
* Army Good Conduct Medal
* National Defense Service Medal

5.  The applicant's NPRC file does not include any documents to show the applicant's USAR service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

   a.  Chapter 4, Section III contains guidance on award of the Army Reserve Components Achievement Medal (ARCAM).  It states that the medal was authorized upon completion of 4 years service during the period 3 March 1972 through 27 March 1995.  Effective 28 March 1995, it is authorized for completion of 3 years of qualifying service.  This change is not retroactive.  It is authorized to Army personnel in the rank of colonel and below who are either members of an Army National Guard (ARNG) Unit or USAR TPU.

   b.  Paragraph 5-9 provides for award of the KSM and it states that the KSM is awarded for service in Korea between 27 June 1950 and 27 July 1954 and that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ROK.  Credit was granted for the following campaigns during the indicated periods:
   
UN Defensive 
7 June - 15 September 1950
UN Offensive	
16 September - 2 November 1950
CCF Intervention
3 November 1950 - 24 January 1951
First UN Counteroffensive
25 January - 21 April 1951
CCF Spring Offensive
22 April - 8 Jul y 1951
UN Summer-Fall Offensive
9 July - 27 November 1951
Second Korean Winter
28 November 1951 - 30 April 1952
Korea, Sumer Fall 1952
1 May - 30 November 1952
Third Winter
1 December 1952
Korea, Summer 1953
1 May - 27 July 1953
   c.  Paragraph 9-16 of the awards regulation contains guidance on the KWSM. It 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the USAR Achievement Medal and three bronze service stars with his KSM.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record does not provide the actual dates the applicant performed his foreign service or its location.  However it does show he served on active duty from 13 March 1952 through 12 December 1953, completed 11 months and 1 day foreign service, and earned the KSM evidencing his foreign service was performed in Korea.  Whether he completed his foreign service upon completion of initial entry training from August 1952- July 1953 or during his last 11 months of service from February - December 1953, he would have participated in at least 3 campaigns during his service in Korean.  Therefore based on the applicant's Korean service he earned three bronze service stars to be affixed to his KSM.  Further, he is entitled to the KWSM based on this service.

3.  In response to his request for the USAR Achievement Medal.  This is not an authorized award with the Department of the Army's inventory of awards.  However, in the event the applicant was seeking award of the ARCAM, the evidence of record does not include any documents to show he performed any active military service while a member of the USAR upon completion of his active duty.  Further the ARCAM was not authorized for issuance until 28 March 1995.  Accordingly, the applicant did not serve during the qualifying period necessary for 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. amending item 27 of his DD Form 214 by adding three bronze service stars with his Korean Service Medal and the Korean War Service Medal; and

b. issuing him a document to reflect the above changes.

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 United States Army Reserve Achievement Medal.




      _______ _   _______   ___
               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)                                         AR20110006107





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ABCMR Record of Proceedings (cont)                                         AR20110006107



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