IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011131 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the Bronze Star Medal with "V" Device instead of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device. 

3.  The applicant provides:

* Orders for the Bronze Star Medal with "V' Device
* 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 that the applicant’s 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 and impartial review of this case.  

3.  His DD Form 214 shows he enlisted in the Regular Army on 3 September 1952 in the rank/grade of private (PV1)/E-1.  He served in Korea.  He was promoted to the temporary rank/grade of sergeant (SGT)/E-5 on 19 December 1953.  On 2 September 1955, he was honorably released from active duty in the temporary rank/grade of SGT/E-5 after completing 3 years of creditable active service.  He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  

4.  His DD Form 214 shows he served 1 year, 3 months, and 6 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: 

* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Republic of Korea Presidential Unit Citation
* United Nations Service Medal
* Bronze Star Medal 

5.  His DD Form 214 does not show any lost time in item 33 (Remarks).

6.  There are no orders for the Bronze Star Medal in the available records.

7.  He provided orders, dated 14 August 1953, which show he received the Bronze Star Medal with "V" Device for heroic achievement on 11 July 1953 in Korea.  

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.


9.  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 would not be disqualifying.  There must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows the Bronze Star Medal as an authorized award but orders show he received the Bronze Star Medal with "V" Device.  His DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device.    

2.  He served a period of qualifying service for award of the Republic of Korea War Service Medal.  His DD Form 214 should be corrected to show this medal. 

3.  Although all of the applicant's military records are not available for review, his DD Form 214 shows he enlisted as a PV1/E-1 and he was honorably released from active duty in the temporary rank of SGT/E-5 after completing 3 years of active service with no time lost.  Based on the foregoing, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 3 September 1952 through 2 September 1955.  His DD Form 214 should be corrected to show this award.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 3 September 1952 through 2 September 1955; 

	b.  deleting the entry "Bronze Star Medal" from item 27 of his DD Form 214; and	
	
 	c.  adding the Bronze Star Medal with "V" Device, Army Good Conduct Medal, and Republic of Korea War Service Medal to item 27 of his DD Form 214.



      _______ _   __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)                                         AR20110011131





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ABCMR Record of Proceedings (cont)                                         AR20110011131



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