BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120003612 


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 any awards and decorations to which he is entitled, to include the:

* National Defense Service Medal
* United Nations Service Medal (Korea)
* Army Good Conduct Medal
* Korean Service Medal with all bronze service stars
* Republic of Korea Korean (War) Service Medal
* Republic of Korea Presidential Unit Citation
* Army of Occupation Medal with Japan Clasp
* Marksmanship Qualification Badges

2.  He also request issuance of replacement medals and ribbons due to him both before and after the requested corrections.

3.  He states that he believes the awards were either not authorized or not recorded or issued at the time of his discharge.

4.  The applicant provides:

* DD Form 214
* the lineage and honors of the 17th Infantry Regiment extracted from the www.history.mil internet website
* the qualifying period of service for award of the Army Good Conduct Medal extracted from Army Regulation 600-8-22 (Military Awards)

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’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered using primarily his DD Form 214 provided by the National Personnel Records Center.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States in Kansas City, MO, and entered active service on 9 March 1951.  This form also shows at the time of his separation, he held military occupational specialty 1745 (Light Weapons Infantry Leader) and his most significant duty assignment (i.e., his last duty assignment) was with Company I, 17th Infantry Regiment, 7th Infantry Division.

4.  His DD Form 214 further shows he completed 1 year and 9 months of creditable active service, of which 11 months and 13 days was foreign service.  This form does not show the specific dates of his foreign service.  He was honorably released from active duty in the rank/grade of sergeant (SGT) (Temporary) on 8 December 1952.

5.  His DD Form 214 shows the:

* Korean Service Medal with 2 bronze service stars
* United Nations Service Stars (properly known as the United Nations Service Medal)
* Combat Infantryman Badge

6.  His record is void of any evidence, and he did not provide any evidence, which shows his specific dates of assignment to the 17th Infantry Regiment, his specific dates of foreign service, award of any marksmanship qualification badges, qualification with any weapons, or award of the Army Good Conduct Medal.

7.  He submitted an extract of the lineage and honors of the 17th Infantry Regiment which shows the regiment was awarded the Republic of Korea Presidential Unit Citation for Korea 1950-1953 and the Republic of Korea Presidential Unit Citation for Korea 1952-1953.  It also shows the regiment participated in ten campaigns in Korea.

8.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	c.  The United Nations Service Medal 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 United Nations Service Medal.

	d.  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 1954.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

	e.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

	f.  Basic marksmanship qualification badges are awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified with a specific weapon in a prescribed record fire course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the Korean War, campaign participation credit was awarded for 10 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.  The Korean campaigns were as follows:

* United Nations Defensive, 27 June 1950 - 7 March 1950
* United Nations Offensive, 16 September 1950 - 2 November 1950
* Chinese Communist Forces, 3 November 1950 - 24 January 1951
* First United Nations Counteroffensive, 25 January 1951- 21 April 1951
* Chinese Communist Forces Spring Offensive, 22 April 1951 - 8 July 1951
* United Nations Summer-Fall Offensive, 9 July 1951 - 27 November 1951
* Second Korean Winter, 28 November 1951 - 30 April 1952
* Korea Summer-Fall 1952, 1 May 1952 - 30 November 1952
* Third Korean Winter, 1 December 1952 - 30 April 1953
* Korea Summer 1953, 1 May 1953 - 27 July 1953



11.  Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned was awarded the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to 27 July 1953 by Department of the Army General Order (DAGO) Number 22, dated in 1956.  This pamphlet also shows the unit was not awarded occupation credit for Japan.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to have partial merit.

2.  The evidence of record shows the applicant completed 11 months and 13 days of foreign service.  At the time of his service, foreign service was documented in item 26 of the DD Form 214.  There was also no regulatory requirement to list the exact country of foreign service on the DD Form 214.  However, evidence clearly shows he served in Korea while assigned to Company I, 17th Infantry Regiment, 7th Infantry Division.

3.  Additionally, although his service in Korea is not in question, his exact dates of service in Korea cannot be determined.  It is unclear if he completed the entire period of foreign service in Korea, Hawaii, Japan, Thailand, or other Far East locations.  His record is void of any evidence, and he did not provide any evidence, which shows his specific dates of assignment to the 17th Infantry Regiment or his specific dates of foreign service.

	a.  In the absence of an assignment/reassignment order, mobilization order, travel voucher, or other documentary evidence to confirm his exacts dates of service in Korea, campaign participation credit cannot be determined.

	b.  Therefore, in the absence of evidence to the contrary, it must be presumed that his award of the Korean Service Medal with two bronze service stars is correct, signifying he was present in Korea during two campaigns, and there is an insufficient evidentiary basis for changing it.

4.  As a related issue, his award of the Korean Service Medal entitled him to award of the United Nations Service Medal which is not properly shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Additionally, his award of the Korean Service Medal with two bronze service stars suggests he completed at least 30 consecutive or 60 non-consecutive days in Korea and thus entitled him to award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  He served a qualifying period of service for entitlement to the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

7.  A DAGO awarded the unit to which the applicant was assigned the Republic of Korea Presidential Unit Citation for actions during his period of service in Korea.  Therefore, he is entitled to correction of his DD Form 214 to show award of this foreign unit award.

8.  Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned was not awarded occupation credit for Japan.

9.  The applicant's record is void of any evidence, and he has not provided any evidence, which shows he was awarded the Army Good Conduct Medal.  Due to the absence of his records there is no way to verify whether his conduct and efficiency ratings, including those pertinent to attendance at service schools, were all recorded as "excellent" or higher or whether he had any convictions by court-martial.  Additionally, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.  Therefore, he is not entitled to correction of his DD Form 214 to show award of this medal.

10.  His record is void of any evidence, and he did not provide any evidence, which shows he was awarded any marksmanship qualification badges or that he qualified with any weapons.  Therefore, he is not entitled to correction of his DD Form 214 to show award of any marksmanship qualification badges.

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 adding the following awards and decorations to his DD Form 214:

* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

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 correction of his DD Form 214 to show award of the:

* Army Good Conduct Medal
* Additional bronze service stars for his previously awarded Korean Service
* Army of Occupation Medal with Japan Clasp
* Marksmanship Qualification Badges



      ________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)                                         AR20120003612





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ABCMR Record of Proceedings (cont)                                         AR20120003612



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