BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012805
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 all the awards he has earned, including the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea War Service Medal.
2. He states he served in Korea during the war. Besides the awards listed on his DD Form 214, he also earned the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea War Service Medal.
3. He provides his DD Form 214.
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 applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 27 March 1951. He served in Korea from 2 October 1951 to 9 July 1952.
4. He was honorably released from active duty on 29 December 1952 in the rank of corporal. His DD Form 214 indicates he completed 1 year, 9 months, and 3 days of net service during this period with no lost time and 11 months and 14 days of foreign service.
5. His DD Form 214 also indicates award of the Korean Service Medal with three bronze service stars and the United Nations Service Medal.
6. His conduct and efficiency ratings are not available and there is no available evidence which shows any derogatory information or a record of a commander's positive recommendation for the first award of the Army Good Conduct Medal.
7. Army Regulation 600-65 (Service Medals), 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 the 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
8. Army Regulation 600-8-22 (Military Awards) states 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.
9. Army Regulation 600-8-22 states 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 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. The applicant requested award of the Army Good Conduct Medal. The available records do not include his character and efficiency ratings or whether he received any disciplinary action (i.e., court-martial) during his tenure on active duty. However, he did attain the rank of corporal and he had no lost time. Any reasonable doubt concerning his eligibility for award of the Army Good Conduct Medal should be resolved in his favor and he should be awarded this medal.
2. The applicant served honorably from 27 March 1951 through 29 December 1952 and he served in Korea during this period. Therefore, he served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal.
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:
a. awarding him the Army Good Conduct Medal (1st Award ) for the period 27 March 1951 through 29 December 1952; and
b. amending his DD Form 214 to add award of the Army Good Conduct Medal (1st Award), National Defense Service Medal, and 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) AR20120012805
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012805
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006668
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 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2007 | 20070017308
In accordance with Army regulations, he is entitled to award of the Korean Service Medal with 2 Bronze Service Stars and the United Nations Service Medal. The applicant's service in Korea qualifies him for award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Good Conduct Medal for the period 17 September 1950 through 29 February 1952, the National Defense...
ARMY | BCMR | CY2013 | 20130011732
The evidence of record shows: a. the applicant qualified for award of the National Defense Service Medal; b. the applicant qualified for award of the Korean Service Medal and he served in three campaigns during his service in Korea. Thus, he is entitled to three bronze service stars for wear on his already-awarded Korean Service Medal; c. the applicant qualified for award of the Republic of Korea War Service Medal; and d. general orders awarded the applicant's unit the ROK PUC. As a...
ARMY | BCMR | CY2012 | 20120004821
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal with three bronze service stars. The applicants military records are not available to the Board for review. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add to his DD Form 214 the: * United Nations Service Medal * Republic of Korea War Service Medal *...
ARMY | BCMR | CY2012 | 20120003612
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of any awards and decorations to which he is entitled, to include the: * National Defense Service Medal * United Nations Service Medal (Korea) * Army Good Conduct Medal * Korean Service Medal with all bronze service stars * Republic of Korea Korean (War) Service Medal * Republic of Korea Presidential Unit Citation * Army of Occupation Medal with Japan Clasp *...
ARMY | BCMR | CY2013 | 20130021224
The applicant's complete military records are not available to the Board for review. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior,...
ARMY | BCMR | CY2010 | 20100028184
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his Prisoner of War (POW) status during the Korean War. Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service...
ARMY | BCMR | CY2010 | 20100026577
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by showing three bronze service stars on his Korean Service Medal (KSM). The applicant's military records are not available to the Board for review. The applicant's DD Form 214 shows: * he was called to active duty on 28 September 1950 at Camp Breckenridge, KY * although an exact date of departure is not available, it appears he was immediately ordered to Korea * he served...
ARMY | BCMR | CY2012 | 20120019595
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded or authorized the Korean Service Medal with 3 bronze service stars, for service in the Republic of Korea during the period 15 June 1951 through 7 March 1952. The applicant provides: * a letter from the National Personnel Records Center, St. Louis, MO, dated 28 September 2012 * his DD Form 214, for the period ending 4 August 1952 * DD Form 215...
ARMY | BCMR | CY2014 | 20140003830
The FSM's military records are not available to the Board for review. The FSM's DD Form 214 shows he was inducted into the Army of the United States on 8 January 1951 and he served in military occupational specialty 1745 (Light Weapons Infantryman): * the highest rank he attained while serving on active duty was sergeant on 1 July 1952 * he was honorably released from active duty on 8 October 1952 after serving 1 year, 9 months, and 1 day of total net service * he had 1 year, 3 months, and...