BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120003767 


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 the records of her deceased husband, a former service member (FSM), be corrected to show he was authorized two bronze service stars on his Parachutist Badge denoting two combat jumps.

2.  The applicant states she is trying to replace these items for the FSM's grandson.

3.  The applicant provides:

* a letter, dated 6 February 2010, from the National Personnel Records Center, St. Louis, MO
* the FSM's DD Form 214 (Report of Separation from the Armed Forced of the United States) with an effective date of 9 May 1952
* the FSM's death certificate
* newspaper articles reporting a combat jump in Korea by American troops

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 FSM's military records are not available to the Board 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.  The only record available to this Board is the FSM's 
DD Form 214 and is sufficient for the Board to conduct a fair and impartial review of this case.

3.  He enlisted in the Regular Army on 16 August 1948.  He completed basic combat and advanced individual training and was awarded military occupational specialty 1602 (Antiaircraft Artillery Automatic Weapons Chief (Artillery)).

4.  He was assigned to Battery A, 88th Airborne Antiaircraft (AAA) Battalion.  On 26 February 1951, his unit was redesignated the 187th Airborne Regimental Combat Team, AAA Battery.

5.  On 9 May 1952, he was discharged on 9 May 1952.  He completed 3 years,    8 months, and 26 days of active service that was characterized as honorable.  He completed 11 months and 17 days foreign service.  His DD Form 214 shows he was awarded or is authorized the:

* Parachute Badge (now known as the Parachutist Badge)
* Glider Badge
* Korean Service Medal with arrowhead and four bronze service stars
* United Nations Service Medal
* Japanese Occupation Medal (determined to be the Army of Occupation Medal with Japan Clasp)

6.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Korean War.  This pamphlet shows the 187th Airborne Regimental Combat Team, AAA Battery was awarded the Republic of Korea Presidential Unit Citation for the period 19 September 1950 to 31 July 1952.  The unit also received assault credit for:

* Sunchoa-Sukchol - 20 October 1950
* Munsan-ni, Korea - 23 March 1951

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal was awarded for honorable active service for any period from 27 July 1950 through 27 July 1954.  

	b.  An arrowhead will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on various service and suspension campaign ribbons, one of which is the Korean Service Medal.  Only one arrowhead will be worn on any ribbon.

	c.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.

	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 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's military records were not available due to the 1973 fire in St. Louis. However, his DD Form 214, provided by his wife, shows he was authorized an arrowhead on his Korean Service Medal.  Because he was assigned to an airborne unit this would denote a combat jump.  

2.  DA Pamphlet 672-1 shows the FSM'S unit received credit for two combat assaults.  Because only one arrowhead was allowed to be worn on his Korean Service Medal, his DD Form 214 didn't reflect more than one.  Therefore he participated in at least one jump and it is reasonable to conclude he participated in both jumps.  Any reasonable doubt should be resolved in favor of the FSM and he should be authorized two bronze service stars to be worn on his Parachutist Badge.

3.  The FSM is authorized the National Defense Service Medal and the Republic of Korea War Service Medal.

4.  Based on his service with the 187th Airborne Regimental Combat Team, 
AAA Battery the FSM is authorized the Republic of Korea Presidential Unit Citation.

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 FSM be corrected by amending his 
DD Form 214 by:

	a.  Deleting the Parachute Badge; and 

	b.  Adding the:

* National Defense Service Medal
* Parachutist Badge with two bronze service stars
* Republic of Korea Presidential Unit Citation
* 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)                                         AR20120003767





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ABCMR Record of Proceedings (cont)                                         AR20120003767



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