IN THE CASE OF:	  

		BOARD DATE:	    6 November 2012

		DOCKET NUMBER:  AR20120018440 


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 records to show all of his authorized awards and decorations.

2.  The applicant states he has been trying to obtain copies of his records from both the National Personnel Records Center (NPRC) and Department of Veterans Affairs (VA) and to get them corrected for more than 10 years.

   a.  He served on active duty from 28 August 1947 to 21 November 1953 and from 23 May 1956 to 30 November 1969.  He retired after 20 years of active duty.

   b.  Apparently, the Philadelphia VA Regional Office erroneously reported that he was dead as of 1 May 2000 and his wife was notified of his death on
22 December 2008.  His military pay and allowances were terminated and the return of retroactive payments totaling $237,879.00 was requested.  The matter was not corrected until 10 February 2009.  Initially, he was told that his records were lost, but he does not believe his records were destroyed in the 1973 fire because he was issued a DD Form 215 (Correction to DD Form 214) on 6 July 1992 and a complete service record would have been needed to complete the DD Form 215.

   c.  He states he completed the Basic Airborne Course on 9 March 1948 and was rated a qualified parachutist and gliderman.  This training is recorded on his 21 November 1950 DD Form 214 (Report of Separation from the Armed Forces of the United States).  However, he was not awarded the Parachutist Badge or Glider Badge.

   d.  He states he was assigned to the 187th Airborne Regional Combat Team and served in Korea.  He received medical treatment at the battalion aid station on 12 March 1951.  He participated in a combat jump on 23 March 1951 at Munsan-ni, Korea, and his Korean Service Medal reflects a bronze arrowhead to denote this.

   e.  In June 1992, he was issued a DD Form 215 correcting his 30 November 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  However, the DD Form 215 does not list the Good Conduct Medal, Parachutist Badge, Glider Badge, or the Basic Airborne Course.

   f.  He adds that "After 20 years of active duty I feel my DD Form 215 should reflect at least one Good Conduct Medal.  Further, attached DD Form 214, dated November 30, 1969 (Exhibit D), item 24 [Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized], lists my fourth award for the good conduct medal.  But, not so recorded on my
DD For [sic] 215."

3.  The applicant provides copies of the following documents:

* DD Forms 214, dated 21 November 1950 and 30 November 1969
* DD Form 215, dated 6 July 1992
* Basic Airborne Course Certificate, dated 9 March 1948
* Office of The Surgeon General file
* VA letters, dated 16 August 2002, 22 December 2008, and 10 February 2009
* Army Board for Correction of Military Records (ABCMR) letter, dated         7 December 2010
* NPRC letter, dated 18 November 2011

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 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 service records are not available to the Board for review.

   a.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.

   b.  On 13 March 2002, the Chief, Records Retrieval Branch, NPRC, informed a VA liaison officer that the NPRC conducted an extensive and thorough search for the applicant's military personnel record and they were unable to locate the record.  The NPRC official concluded the record did not exist or the NPRC did not have them and further efforts to locate them at the NPRC would be futile.
   
   c.  On 7 December 2010, the Director, ABCMR, informed the applicant that his military records were necessary for the processing of his application; however, his records could not be found.  Thus, his application could not be processed.  He was advised that if he had copies of his DD Forms 214 for all periods of active service he could resubmit his application.

   d.  On 21 October 2011, an NPRC archives technician informed the applicant that the NPRC was unable to locate the record needed to answer his request.  The military record had been removed from the file area to respond to a prior inquiry.  Although an extensive search had been conducted they were unable to locate the record.

   e.  On 18 November 2011, the NPRC archives technician informed the Honorable Christopher H. Smith, U.S. House of Representatives, that if the applicant's record was at the NPRC on 12 July 1973 it would have been in the area that suffered the most damage in the fire on that date and may have been destroyed.  He was also advised that "fortunately, there are alternate records sources that often contain information which can be used to reconstruct service record data lost in the fire; however, complete records cannot be reconstructed."
Accordingly, NPRC issued the applicant a Certification of Military Service verifying his military service.

   f.  On 23 April 2012, the Chief, Army Personnel Records Division, U.S. Army Human Recourses Command (USA HRC), Fort Knox, Kentucky, informed the Honorable Christopher H. Smith, U.S. House of Representatives, that after an extensive search, the applicant's record could not be located.  He added that the
DD Form 215, dated 6 July 1992, "indicates that this Command returned the record to the NPRC prior to September 2000.  It is unfortunate that the record cannot be located; however, the NPRC has indicated there are alternate records which they can use to reconstruct [the applicant's] record."

3.  The applicant's available military service records include three DD Forms 214 and a DD Form 215.  These documents offer sufficient evidence to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  A DD Form 214 shows the applicant enlisted in the Regular Army (RA) on
28 August 1947 for a period of 4 years.  He was honorably discharged on
21 November 1950 to reenlist in the RA.  He had completed 3 years, 2 months, and 18 days of net active service.  It also shows in:

   a.  item 5 (Qualification - Specialty Number or Symbol):  0345, Truck Driver;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  "Not Applicable";

   c.  item 28 (Most Significant Duty Assignment):  Detachment 1 (Student Company), 1275th Army Service Unit;

   d.  item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed; Dates; and Major Courses):  "Infantry School, Fort Benning, Georgia; 1948 - 5 weeks; Parachutist"; and
   
   e.  item 38 (Remarks):  in part "7 Days Lost Under Article of War 107."

5.  A DD Form 214 shows the applicant reenlisted in the RA on 22 November 1950 for a period of 3 years.  He was honorably discharged on 21 November 1953 based on expiration term of service.  He had completed 3 years of net active service this period, which included 1 year, 3 months, and 6 days of foreign service.  It also shows in:
   
   a.  item 5:  1858 (Medical Technician);

	b.  item 27:

* Korean Service Medal with 1 bronze arrowhead and 2 bronze service stars
* Army of Occupation Medal with Japan Clasp
* Meritorious Unit Commendation
* Combat Medical Badge
* National Defense Service Medal
   c.  item 28:  1227th Army Service Unit, 1st Army Area, Medical Laboratory, New York, NY;

6.  The applicant had a break in service from 22 November 1953 through 22 May 1956.

7.  A DD Form 214 shows the applicant entered active duty this period on
18 April 1967, he was honorably retired from active duty on 30 November 1969, and transferred to the U.S. Army Reserve Control Group (Retired) in the rank of sergeant first class/pay grade E-7.

	a.  He had completed:

* 2 years, 7 months, and 3 days of net active service this period
* 19 years, 7 months, and 26 days of other service
* 22 years, 2 months, and 29 days of total service

	b.  It shows in item 24:  Good Conduct Medal (4th Award);

8.  A DD Form 215, issued on 6 July 1992, corrected item 24 of the applicant's
30 November 1969 DD Form 214 by adding the:

* Army Commendation Medal
* National Defense Service Medal with 1 bronze service star
* Korean Service Medal with 3 bronze service stars and 1 bronze arrowhead
* United Nations Service Medal
* Army of Occupation Medal with Japan Clasp
* Meritorious Unit (Emblem) Commendation
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Pistol and Revolver Bars

9.  The U.S. Army Reserve Personnel Center, St. Louis, Missouri, forwarded the DD Form 215 to the applicant and advised him to attach the DD Form 215 to his DD Form 214.

10.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files produced a record pertaining to the applicant showing he was treated on 12 March 1951 for asthma, perennial; and rhinitis, pollinollic or seasonal (hay fever).  It also shows that he was assigned to the 187th Regimental Combat Team, Korea.

11.  In support of his request, the applicant provides the following documents:

   a.  a copy of a certificate that shows he completed the Basic Airborne Course at the Infantry School, Fort Benning, Georgia, on 9 March 1948 and he was rated as a qualified parachutist and gliderman.  It was signed by the Secretary of the Infantry School.  The copy was certified as a "True Copy" by James J. Gerrow, Jr., Esquire; and

   b.  three VA letters that show:

    	(1)  on 16 August 2002, the VA notified him that his wartime service-connected disability was certified and rated as 100% permanent and totally disabling;

    	(2)  on 22 December 2008, the VA notified the representative of the applicant's estate that it had learned of the applicant's death, that records showed the applicant was not entitled to benefits in the amount of $237,879.00, and instructions were provided for returning the funds; and

    	(3)  on 10 February 2009, the VA notified the applicant that it had determined his benefits were erroneously terminated, effective 1 May 2000, based on an incorrect notification of his death.  His benefits were restored, effective 1 May 2000, and the debt was disposed.

12.  A review of the applicant's available military records reveals he may be authorized additional awards that are not shown on his DD Forms 214.

13.  DA Pam 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units and campaign participation of units serving in World War II and the Korean Conflict.  This document shows at the time of the applicant's assignment to the 187th Airborne Regimental Combat Team, the unit was awarded the Republic of Korea Presidential Unit Citation for the period
19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41 (1955).

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.   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.

   c.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	d.  The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	e.  Effective 3 May 1961, the Glider Badge is no longer awarded.  An individual who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge.  Further, it may be awarded retroactively upon application to the USA HRC when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

15.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a 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.

16.  Article 107 of the Articles of War (Soldiers to Make Good Time Lost) states that every Soldier who deserts the service of the United States or who without proper authority absents himself from his organization, station, or duty for more than 1 day, or who is confined for more than 1 day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction, or who through the intemperate use of drugs or alcoholic liquor, or through disease the result of his own misconduct, renders himself unable for more than 1 day to perform duty shall be liable to serve, after his return to a full duty status, for such period as shall, with the time he may have served prior to such desertion, unauthorized absence, confinement, or inability to perform duty, amount to the full term of his enlistment.

17.  Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army during the period of the Korean Conflict, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

   a.  It also established standardized policy for preparing and distributing the DD Form 214.
   
   b.  It shows for item 27, enter decorations or citations received during the period covered by the DD Form 214.  Authorities for service medals need not be entered.

18.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time the applicant retired from active duty, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.
   b.  It shows for item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

	c.  The regulation also provides, in pertinent part, that a DD Form 215 will be issued to correct the DD Form 214 when missing information later becomes available.

DISCUSSION AND CONCLUSIONS:

1.  It is not known what happened to the applicant's military service records. However, the available evidence indicates they were either misplaced or destroyed in the 1973 fire.  Nonetheless, the available evidence is sufficient for the Board to render the following determinations and conclusions.

2.  The applicant completed the Basic Airborne Course at the Infantry School, Fort Benning, Georgia, on 9 March 1948, and he was rated as a qualified parachutist and gliderman.  Thus, he is entitled to correction of his records to show award of the Parachutist Badge and Glider Badge.

3.  There is no evidence the applicant was awarded the Good Conduct Medal during the period 28 August 1947 to 21 November 1950.  The evidence of record shows he had 7 days of lost time during this period.  Therefore, he is not entitled to correction of his 21 November 1950 DD Form 214 to show award of the Army Good Conduct Medal (1st Award) during this period of active service.

4.  There is no evidence the applicant was awarded the Good Conduct Medal during the period 22 November 1950 to 21 November 1953.

   a.  The applicant offers no orders or other evidence that he was awarded the Good Conduct Medal during this period of service.

   b.  Therefore, he is not entitled to correction of his 21 November 1953
DD Form 214 to show award of the Good Conduct Medal (1st Award).

5.  The applicant's 30 November 1969 DD Form 214 shows award of the Good Conduct Medal (4th Award).  The applicant contends the Good Conduct Medal (4th Award) should be recorded on his DD Form 215, dated 6 July 1992.  However, the DD Form 215 is issued to correct the DD Form 214 when missing information later becomes available.  A careful review of the DD Form 215 shows that it added awards to item 24 of his 30 November 1969 DD Form 214.  Thus, there is no basis to correct the DD Form 215 issued on 6 July 1992, as his        30 November 1969 DD Form 214 correctly shows the Good Conduct Medal    (4th Award).
6.  The evidence of record shows a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  The applicant's 21 November 1950 DD Form 214 shows he completed the Basic Airborne Course in 1948.  Thus, there is no basis to show this training on his 21 November 1953 or 30 November 1969 DD Forms 214.

7.  The evidence of record shows:

	a.  the applicant qualified for the National Defense Service Medal effective 27 July 1950 and for a second award effective 1 January 1961; 

	b.  he qualified for the United Nations Service Medal and Republic of Korea War Service Medal; and

	c.  general orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 him the Parachutist Badge and Glider Badge effective 9 March 1948 (Standard Name Line:  Private, U.S. Army Infantry School, Fort Benning, Georgia);

	b.  deleting the entry "Not Applicable" from item 27 of his 21 November 1950 DD Form 214;

	c.  adding award of the following to item 27 of his 21 November 1950 DD Form 214:

* National Defense Service Medal
* Parachutist Badge
* Glider Badge

   d.  deleting award of the "Korean Service Medal w/2 Bronze Service Stars and One Bronze Arrowhead" from item 27 of his 21 November 1953 
DD Form 214;

	e.  adding award of the following to item 27 of his 21 November 1953 DD Form 214:

* Korean Service Medal with 1 bronze arrowhead and 3 bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

   f.  adding to item 24 of his 30 November 1969 DD Form 214 (which was previously corrected by a DD Form 215, dated 6 July 1992) the:

* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation
* Parachutist Badge
* Glider Badge

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 adding the Basic Airborne Course to his 30 November 1969 DD Form 214 and the Army Good Conduct Medal (4th Award) to his DD Form 215.



      _________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)                                         AR20120018440



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ABCMR Record of Proceedings (cont)                                         AR20120018440



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