IN THE CASE OF:	   

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023895 


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 that his records be corrected to show award of the Army Achievement Medal, Army Service Ribbon, Presidential Unit Citation with two Oak Leaf Clusters and the French Croix de Guerre.

2.  The applicant states he is a Korean Service Veteran and served with the 
"3 ID".  He would like to get a set of his awards to make a display box to pass on to his son.  He has been told that his records were destroyed in the St. Louis fire and requests assistance in documenting his awards.  

3.  The applicant provides no supporting evidence.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a DD Form 214 (Report of Separation from the Armed Forces of the United States) provided by the National Personnel Records Center.

3.  The DD Form 214 provides the following information:

* active duty from 17 February 1954 through 16 February 1956
* award of the military occupational specialty 141.10, Field Artillery Crewman
* award of the National Defense Service Medal and the Good Conduct Medal
* most significant duty assignment - Artillery Mechanic Battery B, 39th Field Artillery Battalion, Fort Benning, GA

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during WWII the 39th Field Artillery Battalion, 3rd Infantry Division was awarded the (U.S.) Presidential Unit Citation and French Fourragere.  During the Korean War this unit was awarded two (U.S.) Presidential Unit Citations and two Republic of Korea Presidential Unit Citations.

5.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981;

	b.  the Army Service Ribbon was established by the Secretary of the Army effective 10 April 1981;

	c.  the French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit; and 

	d.  Republic of Korea Presidential Unit Citation is issued by the government of South Korea to both Korean military and foreign units.  By order of the Korean government, the award was retroactively authorized to every unit of the United States Army which had deployed to Korea between 1950 and 1954.  A bronze Oak Leaf Cluster is authorized for each subsequent award of this unit citation; and  

	e.  the Presidential Unit Citation, French Fourragere and the Republic of Korea Presidential Unit Citation may be authorized for temporary wear.  Authority for temporary wear is found in Army Regulation 670-1.

6.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states a unit award is given to an operating unit and is worn by members of that unit who participated in the cited action.  Personnel who did not participate in the cited action, but who are assigned in the cited unit, are authorized temporary wear of some unit awards.

7.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records were lost or destroyed in the 1973 St. Louis records storage depot fire.  The only available document to show anything about his service is a copy on his DD Form 214 that was stored in a location not affected by the fire.

2.  The applicant has provided no evidence that he was authorized or awarded an Army Achievement Medal.  Additionally, this medal was not created until well after the applicant's period of active duty and was not authorized as a retroactive award.

3.  The Army Service Ribbon was not created until well after the applicant's period of active duty and was not authorized as a retroactive award.  

4.  The 39th Field Artillery Battalion, 3rd Infantry Division was awarded the Presidential Unit Citation on three occasions, French Fourragere, and two Republic of Korea Presidential Unit Citations for its service during WWII and the Korean War.  There is no evidence that the applicant was serving with this unit when it was awarded any of these awards.  Therefore, he would not be authorized permanent award of any of these awards.

5.  While assigned to the 39th Field Artillery Battalion, 3rd Infantry Division he might have been authorized temporary wear of the Presidential Unit Citation with two Oak Leaf Clusters, French Fourragere, and the Republic of Korea Presidential Unit Citation with Oak Leaf Cluster, this temporary authorization to wear these awards does not constitute an authorization for award of the citations to the applicant.  Only permanent awards are recorded in a Soldier's records or on the DD Form 214.

6.  Based on the above facts and findings there is insufficient evidence to grant any relief at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20110023895





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ABCMR Record of Proceedings (cont)                                         AR20110023895



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