IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110013855 


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 of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show when and where he served in Korea and the appropriate number of bronze service stars for wear on his Korean Service Medal.

2.  The applicant states his DD Form 214 shows him in Korea but not when and where.

3.  The applicant provides:

* DD Form 214
* Journal article
* Internet printout of Korea campaigns
* Various printouts of a unit history
* Listing of Korea campaigns

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 that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army in Flagstaff, AZ, and entered active service on 1 September 1948.  This form also shows at the time of his separation, he held military occupational specialty 1602 (Anti-Aircraft Artillery Weapons Chief) and his most significant duty assignment (i.e., his last duty assignment) was with Battery D, 865th Anti-Aircraft Artillery (Automatic Weapons) (Self Propelled) Battalion.

4.  His DD Form 214 further shows he completed 3 years, 8 months, and 21 days of creditable active service, of which 2 years, 8 months, and 9 days was foreign service.  He was honorably discharged in the rank/grade of sergeant (SGT) (Temporary) on 21 May 1952.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army of Occupation Medal (Japan)
* Korean Service Medal with 3 bronze service stars
* Korean Presidential Unit Citation

6.  He submitted the following documents:

	a.  A printout of the unit history of the 865th Anti-Aircraft Artillery Missile Battalion that shows the battalion participated in various campaigns in World War II as well as various campaigns in Korea.  It also states Battery A of the battalion was awarded the Meritorious Unit Commendation for service in the Pacific Theater.

	b.  Another printout listing the 865th Anti-Aircraft Artillery Missile Battalion's locations by date, activation and inactivation, as well as a listing of campaign participation.
	c.  A journal article describing some of the battalion's involvements in Korea.

7.  Based on a review of the applicant available record, it appears he is entitled to additional awards that are not listed on his DD Form 214.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

	a.  From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 showed the total active service outside the continental limits of the United States for the period covered by the DD Form 214.

	b.  During the Vietnam War, item 12 (Statement of Service) of the DD Form 214 showed the total active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., U.S. Army Europe or U.S. Army Vietnam).

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to 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.

	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 1954.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the Korean War, campaign participation credit was awarded for 10 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 2 years, 8 months, and 9 days of foreign service.  At the time of his service, foreign service was documented in item 26 of the DD Form 214.  There was also no regulatory requirement to list the exact country of foreign service.

2.  Additionally, although his service in Korea is not in question, his exact dates of service in Korea cannot be determined.  It is unclear if he completed this foreign service in Korea, Hawaii, Japan, Thailand, or other Far East locations.

	a.  In the absence of an assignment/reassignment order, mobilization order, travel voucher, or other documentary evidence to confirm his exacts dates of service in Korea, campaign participation credit cannot be determined.

	b.  Therefore, in the absence of evidence to the contrary, it must be presumed that his award of the Korean Service Medal with three bronze service stars is correct, signifying he was present in Korea during three campaigns, and there is an insufficient evidentiary basis for changing it.

3.  As a related issue, his award of the Korean Service Medal entitled him to award of the United Nations Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Additionally, his award of the Korean Service Medal with three bronze service stars suggest he completed at least 30 consecutive or 60 non-consecutive days in Korea and thus entitled him to award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  He served a qualifying period of service for entitlement to the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the concerned individual should be corrected.  Therefore, the Board requests that the Army Review Boards Agency Case Management Division administratively correct the records of the individual concerned by adding to item 27 of his DD Form 214 the:

* United Nations Service Medal
* National Defense Service Medal
* Republic of Korea War 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)                                         AR20110013855



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ABCMR Record of Proceedings (cont)                                         AR20110013855



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