IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120006000 


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 the Distinguished Unit Citation (now known as the Presidential Unit Citation).

2.  The applicant states this award was omitted from his DD Form 214.  The 37th Field Artillery Battalion, 23d Regiment Combat Team, 2d Infantry Division, received the Distinguished Unit Citation for action during the period 
13-15 February 1951 in the vicinity of Chipyong-ni, Korea.

3.  The applicant provides documents titled "Distinguished Unit Citations" and "Summary of Decorations" in support of his application.

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 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 the reconstructed record and documentation submitted by the applicant to conduct a fair and impartial review of this case.

3.  The applicant's available records show he enlisted in the Regular Army in pay grade E-1 on 23 March 1946 for 18 months.  He was honorably released from active duty on 22 September 1947 and transferred to the Enlisted Reserve Corps (ERC).

4.  He was ordered to active duty from the ERC and entered active duty on 10 October 1950.  He was honorably released from active duty on 14 August 1951 and transferred to the ERC.  He was credited with completing 10 months and 5 days of net active service and 6 years, 3 months, and 1 day of total net service for pay purposes. He was also credited with 8 months and 1 day of foreign service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 14 August 1951 lists the Korean Service Medal with one bronze service star.

6.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 for the period ending 14 August 1951 shows Headquarters Battery, 37th Field Artillery Battalion.

7.  He provides a copy of the Distinguished Unit Citations authorized for the 23d Regimental Combat Team, 2d Infantry Division, which shows the 37th Field Artillery Battalion was cited for extraordinary heroism in combat near 
Chipyong-ni, Korea, during the period 13-15 February 1951.  He also provides a copy of a Summary of Decorations which shows the 37th Field Artillery Battalion, 23d Regimental Combat Team, was authorized the Distinguished Unit Citation (2nd Award).

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) was awarded to all personnel assigned to the 37th Field Artillery Battalion during the period 13-15 February 1951 by Department of the Army General Orders Number 49, dated 1951.

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

	a.  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.

	b.  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.

	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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant's unit was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The available evidence shows that based on his service in Korea and his award of the Korean Service Medal, he is authorized the United Nations Service Medal, National Defense Service Medal, and Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 to the applicant's DD Form 214 for the period ending 14 August 1951:

* Presidential Unit Citation
* National Defense Service Medal
* United Nations Service Medal
* 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)                                         AR20120006000



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ABCMR Record of Proceedings (cont)                                         AR20120006000



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