BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120004821 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal with three bronze service stars.

2.  He states he served with Company G, 9th Infantry Regiment, 2nd Infantry Division from mid-April 1951 to mid-January 1952.  He believes he is entitled to three bronze service stars.

3.  He provides his DD Form 214 and Honorable Discharge Certificate.

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 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 the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States and entered active service on 19 October 1950.  He was honorably released from active duty (REFRAD) on 18 July 1952 and he was transferred to the Enlisted Reserve Corps to complete his remaining service obligation.  He served in Korea and completed 10 months and 22 days of foreign service.  The specific dates of his Korean service are not available.

4.  The DD Form 214 he was issued at the time of his REFRAD shows award of the:

* Korean Service Medal with two bronze service stars
* Purple Heart
* Distinguished Unit Citation
* Combat Infantryman Badge

5.  The National Archives Korean War Casualty Roster revealed the applicant was seriously wounded in action by a missile on 26 August 1951 in North Korea.  The database indicated he was assigned to the 9th Infantry Regiment, 2nd Infantry Division at that time.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units during World War II and the Korean War.  This pamphlet shows:

	a.  The unit to which the applicant was assigned was cited for award of Republic of Korea Presidential Unit Citation for the period 16 September 1950 through 26 October 1953 by Department of the Army General Orders
Number 10, dated 1954.

	b.  Campaign credit for participation during the Korean War era (25 June 1950 - 27 July 1953):

* United Nations (UN) Defensive (27 June – 15 September 1950)
* UN Offensive (16 September – 2 November 1950)


* Chinese Communist Forces (CCF) Intervention (3 November 1950 - 24 January 1951)
* First UN Counteroffensive (25 January - 21 April 1951)
* CCF Spring Offensive (22 April - 8 July 1951)
* UN Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November 1951 - 30 April 1952)
* Korea Summer-Fall 1952 (1 May - 30 November 1952)
* Third Korean Winter (1 December 1952 - 30 April 1953)
* Korea Summer 1953 (1 May - 27 July 1953)

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

	a.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Korean Service Medal.

	b.  The UN 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
UN Service Medal.

	c.  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.

	d.  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.  The National Archives Korean War Casualty Roster confirms the applicant was assigned to the 9th Infantry Regiment, 2nd Infantry Division when he was wounded in action on 26 August 1951.

2.  It appears the applicant was assigned to the 9th Infantry Regiment, 2nd Infantry Division at least by August 1951.

3.  Although he contends he served with Company G, 9th Infantry Regiment, 2nd Infantry Division during mid-April 1951 to mid-January 1952, the exact dates he served in Korea cannot be determined.  Therefore, there is an insufficient evidentiary basis for granting him any additional bronze service star for wear on his already-awarded Korean Service Medal.

4.  However, evidence shows the applicant’s record contains administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add to his DD Form 214 the:

* United Nations Service Medal
* Republic of Korea War Service Medal


* Republic of Korea Presidential Unit Citation
* National Defense 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)                                         AR20120004821



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ABCMR Record of Proceedings (cont)                                         AR20120004821



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