IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110014389 


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 award of the:

* Republic of Korea (ROK) War Service Medal
* ROK Presidential Medal (50-year award)

2.  The applicant further requests, in effect, issuance of all medals and ribbons shown on his DD Form 214.

3.  The applicant states if this request is too difficult to fulfill, then just forget his request.  There has been too much paper shuffling for what should be a simple request.

4.  The applicant provides copies of his DD Form 214 and a letter from the National Personnel Records Center (NPRC), dated 3 June 2011.


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 member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 indicates:

	a.  he was inducted into the Army of the U.S. on 12 September 1952;

	b.  his awards as the Korean Service Medal with two bronze service stars, Presidential Unit Citation, National Defense Service Medal, and the United Nations Service Medal; and

	c.  he was released from active duty on 19 August 1954 and transferred to the U.S. Army Reserve.

4.  The letter from the NPRC, provided by the applicant, informed him of the fire that occurred in 1973 resulting in the loss of many military personnel records.  It further stated that no record could be found authorizing him any decorations other than those already shown on his DD Form 214.

5.  Army Regulation 600-8-22 (Military Awards) states that 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 prescribed must have been performed as follows: (1) while on permanent assignment; (2) 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 (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

6.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

7.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200. This issue will not be further addressed in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the:

* Republic of Korea (ROK) War Service Medal
* ROK Presidential Medal (50-year award)

2.  The available evidence clearly shows that the applicant served during a qualifying period for award of the ROK War Service Medal.  Therefore, this medal should be added to his DD Form 214.

3.  The governing regulation does not authorize entry of commemorative medals on the DD Form 214.  Therefore, the applicant's request to show the ROK Presidential Medal commemorating the 50th anniversary of the war should be denied.

4.  The applicant's comments regarding how simple his request should be to fulfill indicates that he may have been misunderstood by whoever answered his letter to the NPRC.  It is suggested that the applicant reapply to the NPRC for issue of his medals and to provide them a copy of this record of proceedings.

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 adding the Republic of Korea War Service Medal on his DD Form 214.

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 showing on his DD Form 214 a 50-year commemoration medal of the Korean Conflict.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of their 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)                                         AR20110014389





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ABCMR Record of Proceedings (cont)                                         AR20110014389



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