BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110010697 


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, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards for his service during the Korean War and issuance of the medals.

2.  He states, in effect, that he served in Japan during the Korean War.  He would like to display them on his honor guard uniform. 

3.  He provides a copy of his DD Form 214.

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 destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  His military record shows he was inducted into the Army of the United States, as a private, pay grade E-1, on 25 September 1951 and entered active duty on the same day.  He served in Japan from 9 April 1952 through 7 September 1953.

4.  He was assigned to:

* 327th Airborne Anti-Aircraft (AAA) Operations Detachment – 17 May 1952 to 30 June 1953
* Headquarters Battery, 753rd AAA Gunnery Battalion – 1 July 1953 to 23 August 1953

5.  His available DD Form 230 (Service Record) shows no record of time lost, trial by a court-martial, or nonjudicial punishment.  Additionally, Section 17 (Endorsements) of this form shows the following entries regarding his conduct and efficiency ratings and consideration for the Good Conduct Medal:

* 2 October 1951, unknown character and efficiency ratings, favorably considered
* 13 December 1951, excellent character and efficiency ratings, favorably considered
* 1 March 1952, excellent character and efficiency ratings, favorably considered
* 13 May 1952, unknown character and efficiency ratings
* 14 May 1952, unknown character and efficiency rating
* 20 August 1953, excellent character and efficiency ratings

6.  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, will 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.

7.  He was honorably released from active duty in the rank/grade of corporal (CPL)/E-4 and he was transferred to the Army Reserve.  He was credited with completing 1 year, 11 months, and 22 days of net active service and no time lost. He was also credited with 1 year, 4 months, and 13 days of foreign service.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists no awards.

9.  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 evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal from 25 September 1951 through 16 September 1963.  Therefore, he is entitled to this award and its addition to his DD Form 214.

2.  The applicant served honorably from 25 September 1951 through 16 September 1953.  He attained the rank/grade of CPL/E-4, and he received an overall "excellent" conduct and efficiency ratings.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award. 

3.  In accordance with regulatory guidance, there is no evidence of record that shows he is entitled to any other awards for his service in Japan during the Korean War.  



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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 September 1951 through 16 September 1953
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the National Defense Service Medal. 



      _______ _   _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)                                         AR20110010697





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ABCMR Record of Proceedings (cont)                                         AR20110010697



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