IN THE CASE OF:	  

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006668 


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 to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show an additional bronze service star to be affixed to his already-awarded Korean Service Medal for a total of three bronze service stars.

2.  The applicant states he believes he is due another bronze service star.  He was only given two.  He served with Company C, 15th Infantry Regiment, in Korea.  In effect, his unit fought in the following battles:

* First United Nations (UN) Counteroffensive (Operation Thunderbolt) - 25 January to 20 February 1951
* Operation Ripper - 7 March to 4 April 1951
* Operation Rugged - 5 to 15 April 1951
* Operation Dauntless - 11 to 12 April 1951
* Communist Chinese Forces (CCF) First Spring Offensive - 22 April to 8 July 1951
* CCF Second Spring Offensive - 17 to 22 May 1951
* Operation Detonate - 20 May to 8 June 1951
* Operation Piledriver - 8 to 12 June 1951
* Operation Commando - 3 to 9 October 1951

3.  He also states he was awarded the:

* Army Good Conduct Medal

* National Defense Service Medal
* Korean Service Medal 
* Korea Defense Service Medal
* Korean War Commemorative Medal
* Combat Infantryman Badge

4.  The applicant provides copies of his DD Form 214 and a listing of the Korean War battles 1950-1953.

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

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States in pay grade E-1 on 19 October 1950.  He completed training and was awarded military occupational specialty 1745 (Light Weapons Infantryman).  He served overseas for a period of 10 month and 8 days.  His most significant duty assignment was with Company C, 15th Infantry Regiment.

4.  He was honorably discharged from active duty in the temporary rank of sergeant first class on 1 February 1952.  He was credited with completing 1 year, 3 months, and 13 days of net active service with no time lost.  His DD Form 214 lists the Combat Infantryman Badge and Korean Service Medal with two bronze service stars.


5.  His available record contains a DA Form 1577 (Authorization for Issuance of Awards) issued by the Department of Army Reserve Personnel Center, St. Louis, MO, dated 20 February 1997, wherein he was advised of his authorization and the shipment of the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  There must have been no convictions by court-martial.  

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

	a.  A bronze service star is authorized with this award for wear on the Korean Service Medal for each campaign a member is credited with participating in. 

	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 period of eligibility for the United Nations Service Medal is between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

   d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
   
   e.  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 1954.  The service prescribed must have been performed as follows:  (a) while on permanent assignment, (b) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (c) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, 15th Infantry Regiment, served during the following campaigns in Korea:

* CCF Intervention - 3 November 1950 to 24 January 1951
* First UN Counteroffensive - 25 January to 21 April 1951
* UN Summer-Fall Offensive - 22 April to 8 July 1981
* Second Korean Winter - 28 November 1951 to 30 April 1952
* Korean Summer-Fall 1952 - 30 May to 30 November 1952
* Third Korean Winter - 1 December 1952 to 30 April 1953
* Korean Summer-Fall 1953 - 1 May to 27 July 1953

9.  Department of the Army Pamphlet 672-1 does not show Company C, 15th Infantry Regiment, was cited for any unit citations, commendations, or awards during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he completed a qualifying period of service for award of the National Defense Service Medal and United Nations Service Medal and he met the criteria for award of the Republic of Korea War Service Medal.  Therefore, the National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal should be added to his DD Form 214.

2.  He contends he was awarded the Army Good Conduct Medal.  This award is not listed on his DD Form 214.  Notwithstanding the unavailability of conduct and efficiency ratings, the available evidence shows he served overseas for a period of 10 months and 8 days, had no time lost, attained the rank of sergeant first 


class, and he was honorably discharged.  The available evidence of record shows he appears to have met the criteria for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to this medal for the period 19 October 1950 through 1 February 1952 and correction of his DD Form 214 to show this award.

3.  His contentions have been noted; however, in the absence of conclusive evidence of his dates of service in Korea administratively regularity is presumed he served in Korea only during two campaigns.  It is also noted the different operations he cited occurred during the period of the First UN Counteroffensive from 25 January to 21 April 1951.  They were not considered separate campaigns for entitlement to service credit and service stars to be affixed to the Korean Service Medal.  Therefore, there is insufficient evidence to show an error exists or a basis for adding an additional bronze service star to his already-awarded Korean Service Medal.

4.  Notwithstanding the absence of his exact dates of service in Korea, it appears he served in Korea sometime between 1950 and 1952 as he was authorized the Korean Service Medal with two bronze service stars.  He was honorably discharged from active duty on 1 February 1952.  The available evidence does not show he completed a qualifying period of service in Korea on or after 28 July 1954 for award of the Korea Defense Service Medal.  Therefore, he is not entitled to correction to his DD Form 214 to show this award. 

5.  The commemorative medal, the Korean War Commemorative Medal, is not governed by Army Regulation 600-8-22.  Commemorative medals are made available to individuals who are serving or who have served in the Armed Forces of the United States, and to the general public, by commercial vendors/ resources.  Since these commemorative medals are not governed by the applicable regulation, they are not to be shown on discharge documents.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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: 

   a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 19 October 1950 through 1 February 1952; and
   
   b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service 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 correcting his DD Form 214 to show award of the Korean Defense Service Medal or an additional bronze service star.



      _______ _   __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)                                         AR20120006668



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ABCMR Record of Proceedings (cont)                                         AR20120006668



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