BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012480 


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 Korean Service Medal with 3 bronze service stars and Combat Infantryman Badge.

2.  The applicant states he was assigned to Company H, 14th Infantry Regiment, 25th Infantry Division, by Headquarters, 14th Infantry Regiment, Special Order Number 272, dated 13 October 1952.

	a.  He has a letter showing he was approved for "1st 'A' Zone Drop" in June 1952 and relieved of that duty on 22 June 1953.  He adds his foreign service is recorded in his records as 9 September 1952 to 15 July 1953.

	b.  His records show he served in the Korea Summer-Fall 1952 and Third Korean Winter campaigns; however, he also served in the Korea Summer 1953 campaign.

	c.  He was awarded the Combat Infantryman Badge by Headquarters,
14th Infantry Regiment, Special Order Number 281, paragraph 13, dated
22 October 1952.  He states a Soldier in the unit donated his Combat Infantryman Badge so that the applicant could be awarded the badge.  The badge was awarded to him as soon as he qualified; however, it is not listed on his separation document.

3.  The applicant provides a copy of a page of his Officer Qualification Record, his separation document, and page 51 of the Veterans of Foreign Wars magazine (June/July 2010 edition) that discusses the Korean Service Medal.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show award of the Korean Service Medal with 3 bronze service stars and Combat Infantryman Badge.

2.  Counsel defers to the applicant's statement.

3.  Counsel provides no additional documentary evidence.

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.  A WD AGO Form 66 (Officer's, Warrant Officer's, and Flight Officer's Qualification Record) shows in:

	a.  item 26 (Foreign Service Data):  FECOM (Far East Command):

* Japan from 9 September 1952 through [an unspecified date]
* Korea from 8 October 1952 through 15 July 1953

	b.  item 27 (Campaigns):

* Korea Summer-Fall 1952
* Third Korean Winter

	c.  item 28 (Chronological Record of Military Service):  Company H,
14th Infantry Regiment, from 15 October 1952 through 22 June 1953;

	d.  item 40 (Qualification in Arms):  Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar; and


	e.  item 41 (Awards, Decorations, and Citations):

* Korean Service Medal
* United Nations Service Medal
* Combat Infantryman Badge (Authority and Date:  Headquarters,
14th Infantry, Special Order Number 281, paragraph 13, 22 October 1952)

3.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant was appointed as a Reserve commissioned officer on 12 June 1951 and he entered active duty on 24 September 1951.  He was honorably released from active duty on 22 July 1953 and transferred to the U.S. Army Reserve.

	a.  He completed 1 year and 10 months of net active service this period that included 10 months and 7 days of foreign service.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with 2 bronze service stars and United Nations Service Medal.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), Table B-1, contains a list of Korean War campaigns and during the applicant's tour of duty in Korea (from 8 October 1952 through 15 July 1953) it shows credit for the following campaigns:

* Korea Summer-Fall 1952 (1 May - 30 November 1952)
* Third Korean Winter (1 December 1952 - 30 April 1953)
* Korea Summer 1953 (1 May - 27 July 1953)

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

6.  Department of the Army Pamphlet 672-1 also lists the unit awards received by units in the Korean War.  This document shows that, during the period of the applicant's assignment to the 14th Infantry, the regiment was cited for award of the Republic of Korea Presidential Unit Citation for the period 5 May to 9 July 1953 by Department of the Army General Orders Number 19 (1955).


7.  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 Korean Service Medal is awarded for qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized with this service medal for each Korean campaign a member is credited with participating in.

	c.  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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

8.  Service Regulations Number 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
It shows for item 27 enter decorations or citations received during period covered by the DD Form 214, and authority for each.  Authorities for service medals need not be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 24 September 1951 through 22 July 1953.  He served overseas in FECOM from 9 September 1952 to 15 July 1953 and in Korea from 8 October 1952 through 15 July 1953.

2.  The evidence of record shows the applicant qualified for the:

* National Defense Service Medal based on his active duty service during the Korean War
* Korean Service Medal with 3 bronze service stars based on his service in Korea
* Republic of Korea War Service Medal for his service in the Korean War

3.  Special orders awarded the applicant the Combat Infantryman Badge.

4.  General orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

BOARD VOTE:

_x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 27 of his DD Form 214 the "Korean Service Medal w/
2 Bronze Service Stars"; and

	b.  adding to item 27 of his DD Form 214 the:

* National Defense Service Medal
* Korean Service Medal with 3 bronze service stars
* Republic of Korea War Service Medal
* Combat Infantryman Badge
* Republic of Korea Presidential Unit Citation


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's 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)                                         AR20110012480



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ABCMR Record of Proceedings (cont)                                         AR20110012480



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