IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110014276 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the following:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Republic of Korea War Service Medal
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Foreign Service Expeditionary Medal [properly known as the Armed Forces Expeditionary Medal] 
* Expert Marksmanship Qualification Badge
* Overseas Service Commemorative Medal 
* U.S. Army Commendation [sic] Commemorative
* Combat Service Commemorative 
* American Defense Commemorative
* United Nations Military Service Commemorative 
* 50th Anniversary Korean Defense Commemorative
* Cold War Victory Commemorative

2.  He also requests the medals listed above be issued to him and the replacement of the Combat Infantryman Badge and Korean Service Medal with three bronze service stars that he was awarded.

3.  The applicant states he served in the Army from October 1949 to November 1952 and he served in the Korean War from July 1950 to May 1951.  He just found out he is entitled to these awards.

4.  The applicant provides 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 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.  Requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the specific branch of the military in which the veteran served.  However, for Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The online address http://www.archives.gov is preferred for requesting medals and awards.  However, the applicant may also submit a request using the appropriate form (Standard Form 180) to the National Personnel Records Center, 1 Archives Way, St. Louis, MO 63138.  Therefore, the issue of replacement medals will not be discussed further in the Record of Proceedings (ROP).

4.  With respect to the award and issuance of commemorative medals, most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official US military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Army Regulation 600-8-22 (Military Awards) provides that such medals may not be shown on the DD Form 214.  In addition, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wear of commemorative medals.  Some commemorative medals are authorized by the United States Congress and minted by the U.S. Mint.  However, award of such medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.  Therefore, the issuance of commemorative medals will not be discussed further in the ROP.

5.  The applicant's reconstructed records contain a  DD Form 214 that shows he enlisted in the Regular Army on 28 October 1949 and he held military occupational specialty 1745 (Light Weapons Infantry Leader).  He served in Korea while assigned to Company L, 5th Infantry Regiment; however, his exact dates of service cannot be determined.

6.  He was honorably discharged from active duty on 7 November 1952 in the rank/grade of sergeant (SGT)/E-5 at Fort Sheridan, IL.  He completed 3 years and 11 days of creditable active service of which 1 year and 7 days was foreign service.  He had no time lost.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars.

8.  His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.

9.  His reconstructed records do not contain official orders awarding him the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states:

	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 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.

	c.  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.

	d.  Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  

	f. The basic marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the unit the applicant was assigned to, Company L, 5th Infantry Regiment, was awarded the Republic of Korea Presidential Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconstructed record shows he served honorably from 28 October 1949 through 7 November 1952.  His DA Forms 24 and/or 20 are not available for review with this case.  However, he served in Korea, was honorably discharged in the rank of SGT after completing 3 years and 11 days of honorable service with no time lost, and was awarded the Combat Infantryman Badge.

2.  Nothing in his reconstructed records is negative.  As such, 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 (1st Award) based on completion of qualifying service. 

3.  He served during a qualifying period for award of the National Defense Service Medal, Republic of Korea War Service Medal, and the United Nations Service Medal.  Therefore he is entitled to correction of his DD Form 214 to show these awards.

4.  With respect to the Expert Marksmanship Qualification Badge, there is no evidence in the available record that shows which degree or which weapon the applicant qualified in.  In the absence of evidence which shows the degree and weapon the applicant qualified in, there is insufficient evidence to correct his record to show the Expert Marksmanship Qualification Badge.

5.  With respect to the Republic of Korea Presidential Unit Citation, there is no evidence that his unit was cited for award of the Presidential Unit Citation.

6.  With respect to the Korea Defense Service Medal and the Armed Forces Expeditionary Medal, he did not serve during a qualifying period for award of these medals.  Therefore, he is not entitled to correction of his DD Form 214 to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ____X___  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 partial 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 28 October 1949 through 27 October 1952
* Adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal
* United Nations 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 award of the Expert Marksmanship Qualification Badge, Republic of Korea Presidential Unit Citation, Korea Defense Service Medal, and the Armed Forces Expeditionary 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)                                         AR20110014276





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ABCMR Record of Proceedings (cont)                                         AR20110014276



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