IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110007880 


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 awarded the Good Conduct Medal (AGCM) and the Republic of Korea War Service Medal (ROKWSM).

2.  The applicant states that he was not awarded the AGCM or the ROKWSM and he desires to have them awarded at this time and to have his DD Form 214 (Report of Separation from the Armed Forces of the United States) corrected accordingly.

3.  The applicant provides a copy of his DD Form 214 and a copy of an Authorization for Issuance of Awards. 

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 in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 28 February 1951.  He completed his training as a clerk-typist and he served 9 months and 16 days of foreign service.

4.  On 20 February 1953 he was honorably released from active duty (REFRAD) at Fort Carson, Colorado.  He had served 1 year, 11 months and 23 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal and the Commendation Ribbon with metal pendant.

5.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) 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.


7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the ROKWSM has been noted and found to have merit.  He served during a qualifying period for the award and thus it should be awarded to him at this time and added to his DD Form 214. 

2.  Additionally, he served during a qualifying period for award of the NDSM.  Accordingly, it should also be added to his records at this time.

3.  However, there are insufficient records to determine if he met the qualifications for award of the AGCM.  Therefore, in the absence of sufficient evidence to show that he met all of the qualifications for award of the AGCM, there appears to be no basis to award it to him 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 and adding it to his DD Form 214
* Adding the award of the NDSM to his DD Form 214

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 award of the AGCM.


3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War.  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)                                         AR20110007880





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ABCMR Record of Proceedings (cont)                                         AR20110007880



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