IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120019926 


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 his authorized awards from the National Personnel Records Center (NPRC) for several years.  He served in Korea from December 1950 to late November/December 1951.

   a.  The NPRC determined that he served in Korea between November 1950 and December 1951.  He was also informed that the actual period of his service in the Korea could not be verified.
   
   b.  His records were corrected to show award of the National Defense Service Medal, United Nations Service Medal, and Republic of Korea (ROK) War Service Medal.  However, the NPRC failed to issue him the Presidential Unit Citation (PUC), ROK PUC, and three additional bronze service stars (a total of five) for wear on his Korean Service Medal.

3.  The applicant provides copies of the following documents:

* three WD AGO Forms 1 (Morning Reports)
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* DD Form 215 (Correction to 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 applicant's military service records are not available to the Board 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 are sufficient records provided by the applicant to constitute a reconstructed record and for the Board to conduct a fair and impartial review of this case.

3.  Three WD AGO Forms 1, issued by Company B, 185th Engineer Combat Battalion (ROK) show, in pertinent part, the following:

* on 21 February 1951, the applicant reported for duty with the unit and that he departed the United States in January 1951
* on 1 March 1951, the applicant was promoted to private (E-2)
* on 19 March 1951, the effective date of promotion was corrected to
11 February 1951

4.  A DD Form 214 shows the applicant enlisted in the Regular Army on 23 June 1950 for a period of 3 years and he was honorably discharged on 24 June 1953.  He completed 3 years of net active service.  It also shows in:

   a.  item 26 (Foreign and/or Sea Service):  0 years, 11 months, and 24 days;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Korean Service Medal with 2 bronze service stars
* Meritorious Unit Commendation (MUC)
* 1 Overseas Service Bar

   c.  item 28 (Most Significant Duty Assignment):  803rd Military Police Service Company;

   d.  item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed; Dates; and Major Courses):  Engineer School, November 1950 - December 1950, Power Shovel Operator;
   
   e.  item 31 (Service Training Courses Successfully Completed):  Carbine M-1, Marksman, 2 May 1952; and

   f.  item 38 (Remarks):  in part, "2 days lost under Section 6(a), Appendix 2b, Manual for Courts-Martial, 1951."

5.  A DD Form 215, issued on 8 December 2011, corrected item 27 of the applicant's 24 June 1953 DD Form 214 by adding the:

* National Defense Service Medal
* United Nations Service Medal
* Korean War Service Medal

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

	a.  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, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the service medal.  A silver service star is authorized in lieu of five bronze service stars.

   b.  Table B-1 contains a list of Korean War campaigns and, in part, shows the following campaigns:

* Chinese Communist Forces Intervention (3 November 1950 -
24 January 1951)
* First United Nations Counteroffensive (25 January - 21 April 1951)
* Chinese Communist Forces Spring Offensive (22 April - 8 July 1951)
* United Nations Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November 1951 - 30 April 1952)

7.  DA Pamphlet 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.
   a.  This document shows that at the time of the applicant's assignment to Company B, 185th Engineer Combat Battalion, the unit was awarded the:

* MUC for the period 1 April 1951 to 30 September 1951 by Department of the Army General Orders (DAGO) Number 41 (1952)
* ROK PUC for the period 1 January 1951 to 30 April 1954 by DAGO Number 82 (1954)

	b.  it does not show award of the PUC (Army) to the unit; and

	c.  it shows the PUC (Navy) was awarded to the unit for the period:

* 27 November 1950 to 11 December 1950 by DAGO Number 86 (1953)
* 11 August 1952 to 5 May 1953 and 7 July to 27 July 1953 by DAGO Number 38 (1957)

8.  Special Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, 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; and
   
   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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he served in Korea from December 1950 to late November 1951 was carefully considered.

2.  The sincerity of the applicant's contention is not in question.  However, the evidence of record shows the applicant completed the Power Shovel Operator Course at the Engineer School in December 1950 and he departed the United States in January 1951.

   a.  He was credited with 11 months and 24 days of foreign service.

   b.  Based on the available evidence, a calculation of the approximate period of his service in Korea shows the following:

	1951  01  02	approximate date of deployment to Korea
	+       0  11  24	total foreign service (from DD Form 214)
	=     1951  12  26	or 26 December 1951 - date returned to United States

   c.  Thus, based on the available evidence, it is reasonable to conclude that the applicant served in Korea from 2 January 1951 through 26 December 1951.

3.  The available evidence shows:

	a.  the applicant qualified for award of the Korean Service Medal and he served in five campaigns during his service in Korea.  Thus, he is entitled to five bronze service stars (or one silver service star) for wear on his already-awarded Korean Service Medal; and

	b.  general orders awarded the applicant's unit the ROK PUC.

4.  There is no evidence the applicant's unit was awarded the PUC (Army) or PUC (Navy) during the period of his service with the unit.  Thus, he is not entitled to correction of his records to show the PUC (Army) or PUC (Navy).

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 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.  deleting the entry "KSM W/2 Bz Stars" from item 27 of his DD Form 214; and

	b.  adding to item 27 of his DD Form 214 the:

* Korean Service Medal with 1 silver service star
* Republic of Korea Presidential Unit Citation

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 the Presidential Unit Citation (Army) and Presidential Unit Citation (Navy).




      _______ _   __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)                                         AR20120019926



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ABCMR Record of Proceedings (cont)                                         AR20120019926



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