IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110023903
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 award of the Korean Presidential Ribbon (correctly known as the Republic of Korea Presidential Unit Citation (ROKPUC)).
2. The applicant states:
* the award was not put on his records
* his Army records were lost in a fire
3. The applicant provides no documentary 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service in the U.S. Navy, the applicant enlisted in the Regular Army on 7 September 1950. He served as a light weapons infantryman assigned to Company F, 38th Infantry Regiment of the 2nd Infantry Division in Korea from 1 March 1951 to 7 July 1951. He served as a tank crewman assigned to the Tank Company, 38th Infantry Regiment of the 2nd Infantry Division in Korea from 8 July 1951 to 19 December 1951. On 6 September 1953, he was honorably discharged.
3. His DD Form 214 (Report of Separation from the Armed Forces of the Untied States) for the period ending 6 September 1953 shows the:
* Combat Infantryman Badge
* Korean Service Medal with four bronze service stars
* Distinguished Unit Citation
* Army of Occupation Medal with Germany Clasp
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II and the Korean War. This document shows the applicant's unit (38th Infantry Regiment,
2nd Infantry Division) was cited for award of the ROKPUC for the period
16 September 1950 to 26 October 1953 by Department of General Orders Number 10, dated 1954.
5. Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM.
6. Army Regulation 600-8-22 states the National Defense Service Medal (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.
7. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was cited for award of the ROKPUC while he was assigned to it. His DD Form 214 for the period ending 6 September 1953 should be corrected to show this unit citation.
2. Based on his service in Korea and award of the Korean Service Medal, he is eligible for award of the UNSM. His DD Form 214 for the period ending
6 September 1953 should be corrected to show this medal.
3. He served a period of qualifying service for award of the NDSM and ROKWSM. His DD Form 214 for the period ending 6 September 1953 should be corrected to show these medals.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ROKPUC, UNSM, NDSM, and ROKWSM to his DD Form 214 for the period ending 6 September 1953.
_______ _ __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) AR20110023903
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ABCMR Record of Proceedings (cont) AR20110023903
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