IN THE CASE OF:	  

		BOARD DATE:	    27 August 2013

		DOCKET NUMBER:  AR20130001476 


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 Asiatic-Pacific Campaign Medal.

2.  The applicant states he served in the Pacific Theater for over a year in 1949.  He was issued a ribbon for this service but has lost it.  His DD Form 214 does not show this award.

3.  The applicant provides no supporting documentary evidence. 

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 were lost or destroyed in the 1973 National Personnel Records Center (NPRC) fire.  Information herein was obtained from a rebuilt NPRC file consisting of a DD Form 214, a separation worksheet, and a copy of a Korean War Casualty Roster entry.

3.  The applicant's DD Form 214 provides the following:

* enlistment in the Regular Army on 30 November 1948 for 3 years
* 2 years, 11 months, and 2 days of creditable service 
* 1 year, 1 month, and 29 days of foreign service
* award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart
* most significant duty assignment - Company C, 27th Infantry Regiment 
* he was wounded in combat in Korea on 19 August 1950 
* disability separation on 1 November 1951 from Walter Reed Army Hospital 

4.  A 27th Infantry Regiment Unit History shows the unit was assigned to occupation duty in Japan following World War II.  This assignment was terminated in early July 1950 when the unit was transferred to Pusan, Korea. 

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to the 27th Infantry Regiment, it received campaign credit for the United Nations Defense Campaign, 12 July 1950 - 15 September 1950, and was awarded a Distinguished Unit Citation (now known as the Presidential Unit Citation) and a Republic of Korea Presidential Unit Citation.

6.  Army Regulation 600-8-22 (Military Awards) provides the following

	a.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  

	b.  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 is authorized, based on qualifying service, to be worn on the service medal for each designated campaign listed in Appendix B.  

	c.  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.
	d.  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.  

	e.  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.  

DISCUSSION AND CONCLUSIONS:

1.  While members of the 27th Infantry Regiment who were authorized award of the Asiatic-Pacific Campaign Medal may have still been serving with the unit during its assignment to occupation duty at the time the applicant joined the unit, the applicant himself was not on active duty during any portion of the time for which the Asiatic-Pacific Campaign Medal was authorized.  Therefore, he is not entitled to this award. 

2.  The 27th Infantry Regiment was awarded the Army of Occupation Medal with Japan clasp for its assignment in occupied Japan from the end of World War II until early July 1950.  It is authorized campaign credit in Korea commencing on 12 July 1950.  

3.  While the last date of the applicant's service in Korea cannot be determined, he was probably medically evacuated from Korea very shortly after receiving his combat wound on 19 August 1950. 

4.  Based on his period of service in Korea, the applicant is entitled to award of the National Defense Service Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and a Republic of Korea Presidential Unit Citation.  It is appropriate correct his records by adding these awards to his 
DD Form 214.

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add the National Defense Service Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and Republic of Korea Presidential Unit Citation to his DD Form 214.



      ____________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)                                         AR20130001476



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ABCMR Record of Proceedings (cont)                                         AR20130001476



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