IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110022741 


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 in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), award of the National Defense Service Medal, Army Good Conduct Medal, Republic of Korea Presidential Unit Citation, and Republic of Korea War Service Medal.

	b.  item 28 (Most Significant Duty Assignment), his most significant duty assignment as Company B, 194th Engineer Battalion (Combat), in Korea.

2.  He states:

	a.  the greatest and most important amount of his military career (9 months) was spent with the 194th Engineer Battalion (Combat) in an active combat zone in Korea.

	b.  he held the position of squad leader in a squad of combat engineers.  He was assigned for 16 weeks with the 101st Airborne Division and his last 12 weeks with the 31st Infantry Division.

3.  He provides a letter from a former fellow Soldier and 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 request for correction of his DD Form 214 to show award of the Republic of Korea Presidential Unit Citation is acknowledged.  However, his service record includes a DD Form 215 (Correction to DD Form 214), dated 14 February 1996, which amended item 28 of his DD Form 214 to reflect the Republic of Korea Presidential Unit Citation.  A copy of the DD Form 215 will be provided to the applicant.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant's complete 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 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.

4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 15 December 1950 and he was honorably released from active duty on 15 September 1952 in the rank of sergeant.  His DD Form 214 shows he completed 1 year, 9 months, and 1 day of net service during this period with no lost time and 11 months and 29 days of foreign service.  However, there is no indication of the dates of this foreign service.

5.  His DD Form 214 indicates:

	a.  in item 27, he was awarded or authorized the Korean Service Medal with three bronze service stars, one overseas service bar, United Nations Service Medal, and Army of Occupation Medal with Japan Clasp; and

	b.  in item 28, his most significant duty assignment was Headquarters and Service Company, 106th Engineer Battalion (Combat), 31st Infantry Division, Camp Atterbury, IN.

6.  A copy of a WD AGO Form 305 (Miscellaneous Report Form) lists the applicant's name on the enlisted roster for Company B, 192nd Engineer Battalion (Combat), as of 31 July 1951.

7.  A DA AGO Form 305-5 (Miscellaneous Report Form) lists the applicant's name on the enlisted roster for Company B, 194th Engineer Battalion (Combat) as of 31 January 1952.

8.  His conduct and efficiency ratings are not available and there is no available evidence which shows any derogatory information or a record of a commander's positive recommendation for the first award of the Army Good Conduct Medal.

9.  He provides an unsigned statement from a former fellow Soldier, dated 4 July 2010, who attests that the applicant served in Korea in 1951/1952 with the 194th Combat Engineer Battalion, 19th Combat Engineer Group.  He met the applicant in Japan where they attended an engineer school prior to being sent to Korea.  He was assigned to the headquarters as a 6-ton tractor trailer operator and the applicant was assigned to Company B to perform road and bridge details and later as a squad leader.

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

11.  Army Regulation 600-65 (Service Medals), 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 the 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, 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.
12.  Army Regulation 600-8-22 states 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

13.  Army Regulation 615-360-1 (Enlisted Separations), then in effect, governed discharge procedures and preparation of separation forms for enlisted personnel.  Instructions for completion of item 28 of the DD Form 214 were:  "Enter the last unit, or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point.  Assignments to units for the purpose of transfer from an overseas command to the United States are considered a part of the movement to a separation point.  The title and/or number of the organization will be precisely as indicated in the service record."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 13 December 1950 through 15 September 1952 and he served in Korea during this period.  Therefore, he served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal.

2.  The applicant requested award of the Army Good Conduct Medal.  The available records do not include his character and efficiency ratings or whether he received any disciplinary action (i.e., court-martial) during his tenure on active duty.  However, he did attain the rank of sergeant in less than two years and he had no lost time.  Any reasonable doubt concerning his eligibility for award of the Army Good Conduct Medal should be resolved in his favor and he should be awarded this medal.

3.  The available evidence is not sufficient to correct item 28 of the applicant's DD Form 214 to show his most significant duty assignment as Company B, 194th Engineer Battalion (Combat).  The available evidence shows Headquarters and Service Company, 106th Engineer Battalion (Combat), 31st Infantry Division, was his last duty assignment and it was entered in item 28 of his DD Form 214.  .  The applicant's letter from a former fellow Soldier is noted.  However, this document alone is insufficient as a basis to correct his last duty assignment on his DD Form 214.  Based on this evidence and in accordance with regulatory guidance for enlisted personnel, there appears to be no basis for correction of item 28.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st award ) for the period   15 December 1950 through 15 September 1952 and

     b.  amending his DD Form 214 to add award of the Army Good Conduct Medal, National Defense Service Medal, and Republic of Korea War Service Medal.

2.  The Board further determined 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 correction of his DD Form 214 to show his most significant duty assignment as Company B, 194th Engineer Battalion (Combat).



      _____________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)                                         AR20110022741



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022741



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1