IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120005369 


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 "retirement" DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:

* All his Army Good Conduct Medals
* Korean Service Medal with three bronze service stars
* National Defense Service Medal
* United Nations Service Medal
* Any awards he may be authorized

2.  The applicant states none of his medals are listed on his retirement 
DD Form 214.

3.  The applicant provides:

* five DD Forms 214 covering the period 16 January 1943 through 
31 December 1963
* three pages from his service records

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Record 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 to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 16 January 1943 and served continuously until his retirement on 31 December 1963.  During his period of service he held the military occupational specialty of medical corpsman/specialist.

4.  The applicant was issued multiple DD Forms 214 throughout his career.  These forms show he earned the following awards during his active duty tenure:

* Asiatic-Pacific Campaign Medal
* Good Conduct Medal (2nd Award)
* World War II Victory Medal
* Korean Service Medal

5.  He provides pages from what were determined to be his service records.  A review of these documents show that the American Campaign Medal, United Nations Service Medal, and the Korean Service Medal with three bronze service stars are listed on these documents, but are not listed on any of his 
DD Forms 214.  

6.  Section 5 (Service Outside Continental United States) of his service record shows he served in Inchon, Korea from 7 June 1957 to 22 August 1958.  Section 21 (Medals, Decorations, and Citations) shows the effective date of his Korean Service Medal as 29 March 1951.

7.  His DD Form 214 with the beginning date of 28 December 1962 shows he was honorably retired on 31 December 1963 and credited with 20 years, 
11 months, and 15 days of creditable active service.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  The Korea Defense Service Medal is awarded to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Republic of Korea War Service Medal (ROKWSM) 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. 

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  It stated that for Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter decorations, etc. awarded or authorized during period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all his awards be annotated on his "retirement" 
DD Form 214.

2.  His service records verify he was awarded the American Campaign Medal, United Nations Service Medal, and the Korean Service Medal with three bronze service stars.  Therefore, it would be appropriate to add these awards to his retirement DD Form 214.
3.  The evidence shows he served honorably from 16 January 1943 through 
31 December 1963.  This is a qualifying period of service for the award of two National Defense Service Medals.  It would be appropriate to correct his
DD Form 214 to show these awards.

4.  Based on the effective date of his award of the Korean Service Medal and his tour of duty in Inchon, Korea from 7 June 1957 through 22 August 1958, he is also entitled to award of the Korea Defense Service Medal and the Republic of Korea War Service Medal.  These additional awards should be added to his 
DD Form 214.

5.  The applicant retired honorably after serving over 20 years of active duty service; however, his records are not available, and there is insufficient information to determine if he met the basic qualifications for award of the Army Good Conduct Medal during each period of service.  As such, it would be inappropriate to grant any additional Army Good Conduct Medals.

6.  Regulatory guidance, in effect at the time, stated that only awards earned during the period covered by the DD Form 214 would be listed; however, there is no harm in consolidating all the awards listed on his separation documents on his retirement DD Form 214.

7.  In view of the above, his record should be corrected as shown below.

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 amending his DD Form 214 ending 31 December 1963 to show the following:

* National Defense Service Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* Korean Service Medal with three bronze service stars
* Republic of Korea War Service Medal
* Korea Defense Service Medal
* United Nations Service Medal
* American Campaign Medal

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 awarding him additional Army Good Conduct Medals.



      _______ _   __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)                                         AR20120005369



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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