BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001895 


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 Korean Service Medal (KSM) and the United Nations Service Medal (UNSM).

2.  The applicant states his DD Form 214 does not show these awards.

3.  The applicant provides copies of:

* DD Form 214
* Page 2 from his U.S. Air Force personnel record
* A Letter of Appreciation from the Committee for National Defense National Assembly, The Republic of Korea, dated September 1973
* Two DA Forms 1577 (Authorization for Issuance of Awards), dated in September 1986 and December 1987

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.  Records show that the applicant served in the U.S. Navy from 
26 March 1945 to 20 March 1947.

3.  On 30 September 1947, the applicant enlisted in the Regular Army.

	a.  He departed the United States on 20 February 1948 for duty in Japan, arriving on 3 March 1948.

	b.  He departed Japan on 11 March 1948 and arrived in Pusan, Korea on the same day.

	c.  He departed Pusan, Korea on 20 November 1948 and arrived back in Japan on the same day.

	d.  On 13 January 1951, he was honorably discharged.  He reenlisted in the Regular Army on 14 January 1951.  His DD Form 214 for this period of service shows authorization of the Army of Occupation Medal.

	e.  He departed Japan on 21 October 1951 and arrived in the United States on 1 November 1951.

4.  His DA Form 24A (Service Record) for the period from 30 September 1947 to 
13 January 1951 show his awards as:

* American Theater Ribbon (awarded by the U.S. Navy)
* Asiatic Pacific Theater Ribbon (awarded by the U.S. Navy)
* World War II Victory Medal (awarded by the U.S. Navy)
* Naval Commendation Medal
* Army of Occupation Medal (presented in the Republic of Korea -1948)
* Good Conduct Medal
* National Defense Service Medal

5.  On 13 January 1954, the applicant was honorably discharged from the Regular Army.  He had attained the rank of sergeant.  He had completed a total of 8 years, 5 months, and 2 days of creditable military service.  His DD Form 214 for this period of service shows:

	a.  he served 9 months and 17 days of overseas service during this period; and
	b.  he was authorized the National Defense Service Medal and a bronze Good Conduct Medal clasp with two loops.

6.  The applicant's record contains a letter addressed to the Separation Certification Unit, Awards Section, dated 28 April 1954.  This letter states that he was authorized the bronze Good Conduct Medal clasp with two loops and the National Defense Service Medal.  It further states that the regulations current at that time provided that the KSM and UNSM may be awarded to individuals who served in the Republic of Korea between 27 June 1950 and a terminal date to be announced, or with a unit other than one within the territorial limits of Korea, which has been certified by the Commander in Chief, Far East, as having directly supported the military effort in Korea.  Because the records did not show his service met these requirements, he was not entitled to the KSM or the UNSM.

7.  The applicant's evidence shows:

	a.  in an U.S. Air Force record authority for award of the KSM based on Air Force Regulation 900-10;

	b.  in a letter dated September 1973, that he, as a civilian, was recognized by the Republic of Korea government for his service in restoring and preserving their freedom and independence;

	c.  in a DA Form 1577, dated 18 September 1986, that he was authorized the NDSM, KSM, and UNSM; and

	d.  in a DA Form 1577, dated 24 December 1987, that he was authorized the UNSM but it was not available at the time.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the KSM to Soldiers who performed duty on permanent assignment; on temporary duty for 30 consecutive days, or 60 nonconsecutive days; or who were in active combat against the enemy and were awarded a combat decoration or an individual certificate by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.  The regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954, under any of the following conditions:

	a.  within the territorial limits of Korea or in waters immediately adjacent thereto;

	b.  with a unit under the operational control of the Commander-in-Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander-in-Chief, Far East, as having directly supported the military efforts in Korea; or

	c.  was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

9.  Army Regulation 600-8-22 provides for award of the UNSM.  The regulation states that the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the KSM automatically establishes eligibility for award of the UNSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the KSM and the UNSM.

2.  The applicant's military records clearly show that he served in the Republic of Korea from 11 March to 20 November 1948, prior to the effective date for award of the KSM.  He subsequently served in Japan from on or about 21 November 1948 until 21 October 1951.  At that time he returned to the United States with no further overseas service until his discharge in 1954.  There is no evidence of record showing that the Commander-in-Chief, Far East, certified any of his service in Japan as being in direct support of the military effort in the Republic of Korea.  Therefore, this service does not qualify for award of the KSM.

3.  Based on the above paragraph, the applicant also did not qualify for award of the UNSM.

4.  The U.S. Air Force record, as provided by the applicant, appears to be in error by showing authorization for the KSM.  Furthermore, this error appears to have been incorrectly accepted as a basis for issuance of the KSM and the UNSM.  Notwithstanding this error, the applicant's request to correct his DD Form 214 to add these two medals should be denied.





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)                                         AR20120001895





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ABCMR Record of Proceedings (cont)                                         AR20120001895



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