IN THE CASE OF: 	

		BOARD DATE:  22 May 2012

		DOCKET NUMBER:  AR20110023661 


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, through a Member of Congress, correction of his record to show:

   a.  the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), all other awards to which he may be entitled; and
   
   b.  Company L instead of Company C, 19th Infantry Regiment, in item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states his records were filed sixty years ago, times are different today, and he wants his record corrected.

3.  The applicant provides the following documents in support of his application:

* Self-authored statement
* DD Form 214
* Congressional Facsimile Transmittal Sheet
* Member of Congress Letter
* Privacy Act Release Form

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record that primarily consists of the applicant's DD Form 214.

3.  The applicant's DD Form 214 shows he enlisted in the Army of the United States on 8 January 1951.  He was trained in, awarded, and served in military occupational specialty (MOS) 2356 (Duty Sergeant).

4.  The applicant's DD Form 214 shows he completed 1 year and 27 days of foreign service and he was promoted to the temporary rank of sergeant on 14 October 1951.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards:

* Purple Heart
* Combat Infantryman Badge
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 3 bronze service star
* United Nations Service Medal.

6.  On 8 October 1952, the applicant was honorably released from active duty and he was transferred to the Enlisted Reserve Corps after completing 1 year,
9 months, and 1 day of active military service with no lost time.

7.  There are no documents in the applicant's reconstructed file that list or show any unit(s) to which he was assigned during his tenure on active duty other than his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-10 contains guidance on award of the NDSM.  It indicates the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954.

	b.  paragraph 9-16 contains guidance on the ROKWSM.  It 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the NDSM, AGCM, and ROKWSM.

2.  By regulation, the NDSM was authorized for honorable active service completed between 27 July 1950 and 27 July 1954.  The 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.

3.  While the applicant’s DD Form 214 does not provide the specific dates the applicant served in Korea, it does confirm he completed 1 year and 27 days foreign service between 1951 and 1952 and he was awarded the Korean Service Medal with three bronze service stars.  This is sufficient evidence to show service in Korea.  Therefore, based on his qualifying period of active service in Korea and his overall period of honorable active service, it would be appropriate to add the ROKWSM and NDSM to his DD Form 214 at this time.

4.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Although the applicant's records were apparently destroyed in the 1973 National Personnel Record Center fire, his DD Form 214 confirms he was promoted to the noncommissioned officer rank of SGT after completing 7 months of active duty service, he earned the Korean Service Medal with three bronze service stars, he had no lost time, and the characterization of service was honorable.  Therefore any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.

5.  Absent the applicant's military record or any other official evidence to corroborate his claim he served with Company L instead of Company C, there is an insufficient evidentiary basis upon which to make any changes to the unit entry shown in item 28 of his DD Form 214.  Therefore, this portion of requested cannot be granted at this time.

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.  awarding him the Army Good Conduct Medal (1st award) for the period
8 January 1951 through 8 October 1952; 

	b.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal
(1st award), National Defense Service Medal, and the Republic of Korea War Service Medal; and

	c.  issuing a correction to his DD Form 214 to reflect these changes.

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 correcting item 28 of his DD Form 214.




      _______ _   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)                                         AR20110023661





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ABCMR Record of Proceedings (cont)                                         AR20110023661



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