IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120020404 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 1953 to 1956 be corrected to show that he is awarded additional awards of the Korea Defense Service Medal (KDSM), Overseas Service Ribbon (OSR), United Nations Service Medal (UNSM), and Army Good Conduct Medal (AGCM).  

2.  The applicant states he served in Korea from 1955 to 1956 and never received his awards and he has been trying for 40 years and would like to pass them on to his son. 

3.  The applicant provides a copy of his DD Form 214 and two pages from his 
DA Form 24 (Service Record).

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 enlisted in the Regular Army on 23 December 1953 for a period of 3 years under the airborne enlistment option.  He completed his training at Fort Dix, New Jersey and was transferred to Fort Bragg, North Carolina for his first duty assignment.

3.  On 17 September 1954, Special Orders Number 232, issued by Headquarters, 82nd Airborne Division awarded the applicant the Parachutist Badge.

4.  On 20 September 1955, he departed for Korea and arrived at Inchon, South Korea on 10 October 1955.  He was assigned to Company C, 3rd Engineer Battalion for his entire tour of duty and received “Unsatisfactory” conduct ratings and “Fair” efficiency ratings.  He departed Korea on 12 November 1966 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 11 December 1956.  He had served 2 years, 11 months, and 19 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal.

5.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  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.

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

	a.  the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

	c.  the UNSM 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 UNSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Parachutist Badge and it was omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, he is entitled to have that badge added to his DD Form 214.

2.  He also served in Korea during a qualifying period for award of the KDSM.  Therefore, he is entitled to be awarded the KDSM and to have it added to his 
DD Form 214.

3.  The applicant’s contention that he should be awarded the AGCM has been noted and appears to lack merit.  The applicant received “unsatisfactory” and “fair” conduct and efficiency ratings during his assignment to Korea which are disqualifiers for award of the AGCM.  Accordingly, he is not eligible for this award.

4.  The applicant’s contention that he should be awarded the UNSM and the OSR has also been noted and found to lack merit.  He did not serve during a qualifying period for award of either of those awards and thus is not entitled to be awarded them or to have them added to his DD Form 214.

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 adding the awards of the Parachutist Badge and KDSM to his DD Form 214.

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 awarding him the AGCM, UNSM, and OSR.   



      ___________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)                                         AR20120020404





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ABCMR Record of Proceedings (cont)                                         AR20120020404



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