IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120000601
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 award of the Silver Star.
2. The applicant states he was discharged on 30 November 1953 and the Silver Star was awarded to him on 1 July 1954.
3. The applicant provides a copy of his DD Form 214 and page 1 of General Orders (GO) Number 103, Headquarters, 3d Infantry Division, APO 468, dated 1July 1954.
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. A request for the applicant's records show they are with the Department of Veterans Affairs; therefore, the case is being considered using the applicant's DD Form 214 and GO Number 103.
3. The applicant's DD Form 214 shows the following:
a. He enlisted on 12 January 1951 for a 3-year period.
b. He was awarded the following awards and decorations:
* Parachutist Badge
* United Nations Service Medal
* Korean Service Medal with 3 Bronze Service Stars
* Combat Infantryman Badge
* National Defense Service Medal
c. He had no lost time and was honorably discharged on 30 November 1953 in the rank/grade of sergeant first class/E-6.
d. He had 1 year, 2 months, and 7 days of foreign service.
e. He completed 2 years, 10 months, and 19 days of creditable active service.
4. He provides page 1 of GO Number 103, dated 1 July 1954, which shows he was awarded the Silver Star for his courageous actions and sound judgment in the vicinity of Chat-Kol, Korea, on 15 June 1953 while assigned to Company F,
7th Infantry Regiment, 3d Infantry Division.
5. Army Regulation 600-8-22 (Military Awards) 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
6. Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Silver Star was carefully considered and determined to have merit.
2. GO Number 103, dated 1 July 1954, shows the applicant was awarded the Silver Star; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The applicant met a qualifying period of service for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.
4. The applicant was awarded the Silver Star for his gallantry and given the rank he obtained in such a short period of time, it is reasonable to presume he met the qualifying criteria for award of the Army Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show this award.
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:
a. Awarding him the Army Good Conduct Medal for the period 12 January 1951 to 30 November 1953.
b. Adding the following awards to his DD Form 214:
* Silver Star
* Army Good Conduct Medal
* Republic of Korea War Service 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) AR20120000601
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ABCMR Record of Proceedings (cont) AR20120000601
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