IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120009961 


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) for the period ending 26 March 1952 to show all awards he is authorized.

2.  He states all of his awards were not entered on the above DD Form 214 because his personnel records did not arrive from Japan prior to completion of the DD Form 214.  However, the awards were entered on his U.S. Marine Corps DD Form 214 based on his Army records.

3.  He further states he served in Japan with the 5th Medical Supply Detachment, 8th Army from October 1948 through June 1950.  He arrived in Korea on or about 1 July 1950.  During the 2-3 months he was in Korea he contracted Hepatitis B and jaundice for which he was sent to Portsmouth Naval Hospital for approximately 5 months.

4.  He provides his DD Form 214 for his Army service and his DD Form 214 for his U.S. Marine Corps service.

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 provided by the applicant and remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  He enlisted in the Regular Army on 22 March 1948.  He was assigned to the Quartermaster Corps.

4.  His available military records contain a Standard Form 88 (Report of Medical Examination), dated 25 March 1952, completed in conjunction with his discharge from the Army.  It contains the remark "Jaundice 1950 in Korea Aug NR." 

5.  He was honorably discharged from the Regular Army on 26 March 1952 in the rank/grade of private two/E-2.  He completed 4 years of creditable active service.  His DD Form 214 for this period of service shows:

* 2 years of foreign service
* Army of Occupation Medal (Japan)
* 5 days of time lost
* he was separated from the Army on temporary service records and a discharge affidavit
 
6.  He enlisted in the U.S. Marine Corps on 24 August 1953.  He was honorably discharged on 15 February 1956.  He completed 2 years, 5 months, and 22 days of active service.  His DD Form 214 for this period of service lists the National Defense Service Medal, Korean Service Medal, "Bronze Service Star," Army of Occupation Medal with Japan Clasp, and United Nations Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is worn on the appropriate service ribbon for each credited campaign.

9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal 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.  He served on active duty for a period authorized the National Defense Service Medal.  Therefore, he is entitled to have this medal added to his DD Form 214.

2.  His DD Form 214 for his Army service shows exactly 2 years of foreign service, and a remark on his Standard Form 88 indicates he contracted jaundice in Korea in August of 1950.  He also states that he was in Korea 2-3 months.  Therefore, it appears it would be appropriate to add the Korean Service Medal with one bronze service star, Republic of Korea War Service Medal, and the United Nations Service Medal to his DD Form 214.

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 


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 amending his DD Form 214 for the period ending 26 March 1952 by adding the:

* National Defense Service Medal
* Korean Service Medal with one bronze service star
* Republic of Korea War Service Medal
* United Nations 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)                                         AR20120009961



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ABCMR Record of Proceedings (cont)                                         AR20120009961



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