IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110015448 


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:

The applicant submits his request, statement, and supporting documentation through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards he is entitled to and issuance of his awards.

2.  Counsel states all decorations and medals are not listed on his DD Form 214 "due to St. Louis fire in 1973."

3.  Counsel provides:

* a letter written to the applicant from the National Personnel Records Center (NPRC), St. Louis, MO
* the applicant's DD Form 214
* a Signature Verification Page
* orders
* a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative




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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using the documents counsel provides and documents in the applicant's reconstructed NPRC file.

3.  The applicant was inducted into the Army of the United States on 30 January 1951.  He was honorably released from active duty on 15 January 1953 after completing 1 year, 11 months, and 16 days of active military service.  He achieved the rank/grade of private first class/E-3.

4.  His DD Form 214 shows in:

* item 26 (Foreign and/or Sea Service) - 1 year, 4 months, and 17 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) 

* Korean Service Medal (KSM) with two bronze service stars
* United Nations Service Medal (UNSM)

* item 28 (Most Significant Duty Assignment) - Battery A, 78th Antiaircraft Artillery (AAA) Gun Battalion

5.  Counsel provides a copy of Special Orders Number 248, issued by Headquarters, 78th AAA Gun Battalion (90 [millimeter]), dated 15 December 1952.  The orders transferred the applicant to an administrative unit for return to the United States for separation processing with a reporting date not later than 19 December 1952.

6.  The available records do not show his exact dates of service in Korea.  However, based on the foreign service and date of separation shown on his 
DD Form 214 and the information in the orders transferring him for separation processing, he may have been in Korea as early as August 1951.

7.  His record includes a DA Form 1577 (Authorization for Issuance of Awards), dated 22 December 1999, showing the Chief, Army Reference Branch, NPRC, authorized issuance of the:

* Good Conduct Medal
* National Defense Service Medal (NDSM)
* KSM with two bronze service stars
* UNSM

8.  The record is void of documentation showing the basis for issuance of the Good Conduct Medal.

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, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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.  

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign credits received by units during the Korean War.  

	a.  The pamphlet shows the 78th AAA Gun Battalion was cited for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 11 September 1950 to 27 July 1954, by Department of the Army General Orders Number 51, dated 1957.  

	b.  The pamphlet shows the 78th AAA Gun Battalion was credited with participation in four campaigns during the period the applicant served in the unit:

* [United Nations] Summer-Fall Offensive (9 July to 27 November 1951)
* Second Korean Winter (28 November 1951 to 30 April 1952)
* Korea Summer-Fall 1952 (1 May to 30 November 1952)
* Third Korean Winter (1 December 1952 to 30 April 1953)

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the KSM, for each credited campaign.  

13.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence, it appears the applicant's service in Korea began sometime in August 1951.  His unit was credited with participation in four campaigns during his service in Korea.  Therefore, it would be appropriate to correct his DD Form 214 to show the KSM with four bronze service stars.

2.  He served during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He served in the 78th AAA Gun Battalion during a period for which the unit was cited for award of the ROKPUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He completed a qualifying period of service in Korea for the ROKWSM.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He was authorized issuance of the Good Conduct Medal in 1999.  Unfortunately, his eligibility for this decoration cannot be determined without official documentation showing the conduct and efficiency ratings he received during his period of service.  

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:

	a.  deleting the KSM with two bronze service stars from item 27 of his 
DD Form 214;

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

* KSM with four bronze service stars
* NDSM
* ROKPUC
* ROKWSM

	c.  providing him a document to show the above corrections and issuing his awards and decorations to him.

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 the Good Conduct 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)                                         AR20110015448



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ABCMR Record of Proceedings (cont)                                         AR20110015448



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