IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019595


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 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.

2.  The applicant states the error resulted from a lack of information in his "c file" [certificate files, maintained by the Federal Naturalization Service between        27 September 1906 and 31 March 1956, containing naturalization records]. 

3.  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 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), issued by the National Archives and Records Administration (NARA), St. Louis, MO, dated 24 July 2002 
* DA Form 4980-14 (Army Commendation Medal Certificate)
* an award citation for the Commendation Ribbon with Metal Pendant, authorized by General Order Number 177, dated 30 March 1952
* an extract of information pertaining to the Korean Service Medal, and its appropriate service stars, from "The Officer's Guide Book," 22nd Edition



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 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 on 2 November 1950.  

4.  General Orders Number 177, issued by Headquarters, 2nd Infantry Division, dated 30 March 1952, awarded him the Commendation Ribbon with Metal Pendant for service in the Republic of Korea during the period 15 June 1951 through 7 March 1952.  During this period of service he was assigned to the 2nd Battalion, 9th Infantry Regiment, 2nd Infantry Division.

5.  On 4 August 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Component.  His DD Form 214 shows he completed 1 year, 9 months, and 3 days of total active service, including           11 months and 1 day of foreign service.  His DD Form 214 further shows he was awarded or authorized the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.

6.  On 24 July 2002, a DD Form 215 was issued by NARA, which amended his DD Form 214 by adding the National Defense Service Medal, the Army Good Conduct Medal, and the Army Commendation Medal with Metal Pendant.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized to be affixed to the Korean Service Medal for each campaign a Soldier is credited with participating in.  Appendix B shows that during his service in the Republic of Korea, participation credit was awarded for the following three campaigns:

* CCF Spring Offensive (22 April 1951 – 8 July 1951)
* United Nations Summer-Fall Offensive (9 July 1951 – 27 November 1951)
* Second Korean Winter (28 November 1951 – 30 April 1952)

8.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in the Republic of Korea, and adjacent waters, between 25 June 1950 and 27 July 1954. The service prescribed must have been performed as follows (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of the Republic of Korea, or on waters immediately adjacent thereto for                 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over the Republic of Korea, participating in actual combat operations or in support of combat operations.

10.  General Orders Number 10, issued by Headquarters, Department of the Army, dated 11 February 1954, awarded his unit of assignment in the Republic of Korea, the 2nd Battalion, 9th Infantry Regiment, the Republic of Korea Presidential Unit Citation, for exceptionally meritorious service to the Republic of Korea during the period 16 September 1950 through 26 October 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected 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.

2.  The evidence of record shows he served in the Republic of Korea during the period 15 June 1951 through 7 March 1952.  His DD Form 214 shows he was awarded the Korean Service Medal with 1 bronze service star; however, he was credited with participating in 3 campaigns during his period of service in the Republic of Korea.  Therefore, it would be appropriate to correct his records to show he is authorized to affix 3 bronze service stars to his previously-awarded Korean Service Medal. 
3.  He served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to award of the Republic of Korea War Service Medal, and to correction of his records to show he was awarded or authorized the Republic of Korea War Service Medal.

4.  General Orders awarded his unit of assignment in the Republic of Korea the Republic of Korea Presidential Unit Citation.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

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 item 27 of his DD Form 214 to add the:

* Korean Service Medal with 3 bronze service stars
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation




      _______ _   _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)                                         AR20090005052



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ABCMR Record of Proceedings (cont)                                         AR20120019595



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