IN THE CASE OF:	   

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120000184 


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 United Nations Service Medal (UNSM) and any other awards he is entitled to.

2.  The applicant states, in effect, his tour of duty in the Republic of Korea (ROK) was a joint United States and United Nations assignment.  He further states he served with Company A, 13th Quartermaster Battalion and their mission was to supply United Nations troops with food and supplies.

3.  The applicant provides a letter from the National Personnel Records Center (NPRC) dated 12 September 2011.

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 enlisted in the Regular Army on 27 February 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 053.10 (Radio Teletype Operator).  The highest rank/grade he attained while serving on active duty was specialist 
four/E-4.

3.  Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the ROK during the period 3 October 1962 through 6 November 1963.

4.  On 31 December 1964, the applicant was honorably released from active duty after completing 2 years, 10 months, and 5 days of active duty service with no lost time.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:

* Sharpshooter Marksmanship Qualification Badge (Rifle) 
* Letter of Appreciation

6.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service), shows he received all "excellent" conduct and efficiency ratings.

7.  Army Regulation 600-8-22 (Military Awards) states the UNSM is awarded to members of the Armed Forces of the United States dispatched to the ROK or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.

8.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Commendation Medal (AGCM).  His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.

10.  Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time.  It stated the AGCM 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:
1.  There is no evidence in the available record and the applicant did not provide any evidence that shows he served in the ROK during a period that would qualify him for award of the UNSM.  Based on the foregoing, there is insufficient evidence to award him the UNSM.

2.  Based on his service in Korea, the applicant is eligible for the KDSM.  Therefore, it would be appropriate to add this award to his DD Form 214.

3.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

4.  Based on his honorable service in military, the applicant is eligible for award of the National Defense Service Medal; therefore, it would be appropriate to add this award to his DD Form 214.

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 the applicant the AGCM (1st award) for exemplary behavior, efficiency, and fidelity during the period 27 February 1962 through 31 December 1964, and
   
b.  adding to his DD Form 214 the:

* KDSM
* AGCM
* NDSM

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 the UNSM.




      _______ _   _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)                                         AR20120000184



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ABCMR Record of Proceedings (cont)                                         AR20120000184



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