IN THE CASE OF:	  

		BOARD DATE:	 22 November 2011 

		DOCKET NUMBER:  AR20110010607 


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 award of the Army Good Conduct Medal, National Defense Service Medal, and United Nations Service Medal.

2.  The applicant states he served honorably in the U.S. Army and U.S. Army Reserve (USAR).  He was assigned to Headquarters Battery, 63rd Field Artillery Battalion, 34th Infantry Regiment, 24th Division in Japan from December 1950 to July 1951.  The awards he requests were omitted from his separation documents due to administrative error.

3.  The applicant provides copies of his two separation documents and a letter.

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 service 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 that the applicant's records were lost or destroyed in that fire.  However, his separation documents offer sufficient evidence to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  A WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) shows the applicant enlisted in the Regular Army on 17 June 1947 and he was honorably discharged on 16 June 1950 to enlist in the Reserve Corps (RC).  He completed 1 year and 9 months of continental service, and
1 year and 3 months of foreign service in Alaska from 18 March 1949 to 16 June 1950.  It also shows in:

   a.  item 3 (Grade):  Corporal (E-4);

   b.  item 6 (Organization):  Field Station 8607th Administrative Area Unit, Fairbanks, Alaska;
   
   c.  item 30 (Military Occupational Specialty and Number):  Radio Communications Intercepter (1799 P);

   d.  item 31 (Military Qualification and Date):  Marksman Marksmanship Qualification Badge with Rifle (.30 caliber, M-1) Bar;
   
   e.  item 32 (Battles and Campaigns):  None;
   
	f.  item 33 (Decorations and Citations):  None; and
   
	g.  item 55 (Remarks):  No time lost and that his date of rank to grade E-4 was 1 July 1949.

4.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant enlisted in the RC on 17 June 1950 and he entered active duty on 17 October 1950.  He was honorably released from active duty on 20 July 1951 and transferred to the USAR.  He completed 1 year, 1 month, and
5 days of net active service this period that included 6 months and 4 days of foreign service.  It also shows in:

	a.  item 3 (Grade - Rate - Rank and Date of Appointment):  Sergeant (Temporary), 1 June 1951;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Army of Occupation Medal [with Japan Clasp];

	c.  item 28 (Most Significant Duty Assignment):  Headquarters Battery,
63rd Field Artillery Battalion; and

	d.  item 38 (Remarks):  No days lost and that he served in the inactive USAR from 16 [sic] June 1950 through 16 October 1950.

5.  In support of his application, the applicant provides a copy of an Office of the Secretary of the Army, Washington, DC, letter, dated 26 November 1951, that shows the Honorable Frank Pace, Jr. expressed his appreciation to the applicant for his faithful service in time of national emergency.

6.  A review of the applicant's available records does not show any evidence that he served in the Republic of Korea.

7.  A review of the available evidence reveals the applicant may be authorized additional awards that are not shown on his separation documents.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in the Korean Conflict.  This document shows that during the period of the applicant's assignment to Headquarters Battery, 63rd Field Artillery Battalion, from December 1950 to July 1951, the battalion was cited for award of the Republic of Korea Presidential Unit Citation for the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41 (1955).

9.  Army Regulation 600-65 (Good Conduct Medal), in effect at the time, stated the 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 pertaining 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 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.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  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.

	b.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides policy for proper wear and appearance of Army uniforms
and insignia as worn by officers and enlisted personnel of the active and reserve
components of the Army, as well as by former Soldiers.  Chapter 29 (Wear of Decorations, Service Medals, Badges, Unit Awards, and Appurtenances) provides that a unit award is given to an operating unit and is worn by members of that unit who participated in the cited action.  Personnel who did not participate in the cited action, but who are assigned in the cited unit, are authorized temporary wear of the unit award; however, the unit award will not be recorded in their military service records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 17 June 1947 through 16 June 1950.

	a.  The applicant attained the rank of corporal with just over 2 years of active service, he served in Alaska for 15 months, he had no time lost during the period under review, and he was honorably discharged with 3 years of active military service.

	b.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 17 June 1947 through 16 June 1950.
   c.  The applicant did not serve a qualifying period of service (i.e., 3 years of Federal active service) during his second enlistment (17 October 1950 to 20 July 1951).  Therefore, he is not eligible for a second award of the Army Good Conduct Medal.

2.  Records show that during the period 17 October 1950 to 20 July 1951, the applicant qualified for the National Defense Service Medal based on his active duty service during the Korean War.

3.  The available evidence fails to show the applicant served a qualifying period of service in Korea or adjacent areas on behalf of the United Nations to establish eligibility for the United Nations Service Medal.  Therefore, he is not entitled to this international decoration.

4.  General orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation for actions in Korea.  However, there is no evidence the applicant served with the unit in Korea during the cited period.  Therefore, he is not entitled to this foreign unit award.

5.  In view of the foregoing, it would be appropriate to correct the applicant's separation documents to show his awards and decorations as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  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.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 June 1947 through 16 June 1950;

	b.  deleting from item 33 of his 16 June 1950 WD AGO Form 53 the entry "None" and adding the "Army Good Conduct Medal (1st Award)"; and

	c.  adding to item 27 of his 20 July 1951 DD Form 214 the National Defense Service Medal.

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 the United Nations Service Medal and Republic of Korea Presidential Unit Citation.



      _______ _   __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)                                         AR20110010607



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010607



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1