IN THE CASE OF:	   

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017094 


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 award of the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation.

2.  The applicant states he is entitled to the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation.  These awards need to be produced and sent to him.  His records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC), St. Louis, MO.  NPRC personnel were unable to sufficiently reconstruct his records.

3.  The applicant provides a self-authored letter, dated 11 September 2012.

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 NPRC 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 for the Board to conduct a fair and impartial review of this case.

3.  His available records show he enlisted in the Regular Army on 10 June 1948 after having previous enlisted service.  He held military occupational specialty 3238 (Lineman) and the rank/grade of sergeant/E-5.

4.  He was honorably discharged from active duty on 22 April 1952.  His DD Form 214 shows:

* he completed 3 years, 10 months, and 13 days of net service during the period covered by his DD Form 214
* he had 11 months and 29 days of other (previous) service
* he was credited with 4 years, 10 months, and 12 days of total service
* he was credited with 2 years, 8 months, and 4 days of foreign service
* he served with the 60th Signal Service Company, Korea
* he was awarded the –

* Korean Service Medal with four bronze service stars
* Army Good Conduct Medal
* Army of Occupation Medal (Japan)

5.  His record contains an undated letter wherein he stated:

* his unit, the 60th Signal Services Company, Army Security Agency (ASA), left Fort Lewis, WA, on 20 September 1950 and arrived in Pusan on 9 October 1950
* the 60th Signal Services Company, ASA, which was attached to 8th U.S. Army in Korea, moved to many sites within Korea
* the 60th Signal Services Company, ASA, was redesignated as the 330th Communications Reconnaissance Company on 25 October 1951
* he was reassigned to a unit in the Philippines at Clark Air Force Base for a few months
* he was separated at Fort Lewis, WA, on 22 April 1952
* he attended several unit reunions and discovered his unit had been awarded the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation

6.  Historical research shows the 60th Signal Radio Intelligence Company was constituted in the Army of the United States on 26 November 1943 during World War II.  On 24 May 1945, the 60th Signal Radio Intelligence Company was redesignated as the 60th Signal Services Company.  The 60th Signal Services Company was selected to represent ASA as its first deployed mobile support unit and arrived in Korea on 8 October 1950.  Upon arrival in country, the 60th Signal Services Company was assigned to support the 8th U.S. Army in Seoul.  On 25 October 1951, the 60th Signal Services Company was redesignated as the 330th Communications Reconnaissance Company.

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

	a.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

	b.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War.

	a.  The 60th Signal Service Company was credited with participating in the following campaigns:

* United Nations (UN) Offensive (16 September-2 November 1950)
* Communist Chinese Forces (CCF) Intervention (3 November 1950-24 January 1951)
* First UN Counteroffensive (25 January-21 April 1951)
* CCF Spring Offensive (22 April-8 July 1951)
* UN Summer-Fall Offensive (9 July-24 October 1951)

	b.  The 330th Communications Reconnaissance Company was credited with participating in the following campaigns:

* UN Summer-Fall Offensive (9 July-24 October 1951)
* Second Korean Winter (28 November 1951-30 April 1952)
* Korea Summer-Fall 1952 (1 May-30 November 1952)
* Third Korean Winter (1 December 1952-30 April 1953
* Korea Summer 1953 (1 May-27 July 1953)

	c.  the 330th Communications Reconnaissance Company was cited for the following unit awards:

* Meritorious Unit Commendation for the period 9 October 1950-1 September 1951 in Department of the Army General Orders (DAGO) 62, dated 1952
* Meritorious Unit Commendation for the period 8 September 1951-27 July 1953 in DAGO 22, dated 1954
* Republic of Korea Presidential Unit Citation to Detachment 2 only for the period 16 December 1951-31 July 1953 in DAGO 47, dated 1954

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 lists his unit as the 60th Signal Services Company, Korea, and shows he participated in at least four campaigns while serving in Korea.  Historical research and the applicant's own statements show he most likely arrived in Korea on or about 9 October 1950.  However, the exact dates of his unit assignments are unknown.  Therefore, it is impossible to determine whether he was still assigned in Korea on 25 October 1951 when his unit, the 60th Signal Services Company, was redesignated as the 330th Communications Reconnaissance Company.

2.  His record did not contain and he did not provide any morning reports from either of his units.  These documents may have contained his assignment, arrival, and departure dates.  Unfortunately, without documents showing the necessary dates, it is impossible to determine whether he is authorized award of the Meritorious Unit Commendation or Republic of Korea Presidential Unit Citation.

3.  Based on the forgoing, there is insufficient evidence to grant relief in this case.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20120017094



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ABCMR Record of Proceedings (cont)                                         AR20120017094



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