IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120006096
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, that his records be corrected to show an additional bronze service star for wear on his Korean Service Medal.
2. The applicant states that he fought in the Chosin, North Korea engagement and was subsequently wounded at the Han River in South Korea and should have received an additional battle star.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), his casualty report, orders awarding him the Silver Star, and Purple Heart.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 29 May 1950. He completed his training and departed for Japan on 13 October 1950 and arrived in Japan on 15 October 1950.
3. He departed Japan on 15 November 1950 and arrived in Korea on
17 November 1950. He was assigned to Company D, 7th Infantry Regiment,
3rd Infantry Division.
4. On 15 February 1951, he was wounded and medically evacuated from Korea on 17 February 1951 to Tokyo, Japan. He was subsequently medically evacuated to Brooke Army Medical Center, Fort Sam Houston, Texas; Letterman Army Hospital in San Francisco, California; Camp Cooke, California; and Fort Benning, Georgia.
5. On 31 October 1952, he was honorably discharge due to permanent disability. He had served 2 years, 4 months, and 20 days of active service and his DD Form 214 shows that he was awarded the Army of Occupation Medal with Japan Clasp, Purple Heart, Combat Infantryman Badge, and the Korean Service Medal with one bronze service star.
6. On 12 October 2010, the Board approved his request to add the awards of the Good Conduct Medal, National Defense Service Medal, and United Nations Service Medal to his DD Form 214.
7. The applicants records show that he participated in the Chinese Communist Forces Intervention and the 1st United Nations Counteroffensive campaigns while serving in Korea from 17 November 1950 to 17 February 1951.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded an additional bronze service star for wear on his already-awarded Korean Service Medal has been noted and found to have merit.
2. The applicant served during two campaigns in Korea and is entitled to wear two bronze service stars on his already-awarded Korean Service Medal.
3. Additionally, he served during a qualifying period for award of the ROKWSM. Accordingly, he is entitled to have the ROKWSM added to his records.
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 individual concerned be corrected by:
* Deleting the entry Korean Service Medal with one bronze service star from his DD Form 214
* Adding the awards of the Korean Service Medal with two bronze service stars and the ROKWSM to his DD Form 214
_______ _ __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) AR20120006096
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