IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130005070 


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 the record of his deceased father, a former service member (FSM), to show the Army Good Conduct Medal (AGCM), Republic of Korea War Service Medal (ROKWSM), Korea Defense Service Medal (KDSM), and Republic of Korea Presidential Unit Citation (ROKPUC).

2.  The applicant states these awards were issued after the FSM's separation date.

3.  The applicant provides:

* FSM's death certificate
* applicant's birth certificate
* FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States)
* FSM's U.S. Army Reserve discharge order

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.  On 14 August 1952, the FSM was inducted into the Army of the United States.  

3.  The FSM's DA Form 20 (Enlisted Qualification Record) shows:

* he received credit for service in the ROK during the period 17 July 1953 to 8 July 1954
* during his tour of duty in the ROK he was assigned to Headquarters Company, 3d Battalion, 32nd Infantry Regiment, during the period 24 July 1953 to 8 July 1954
* no conduct and efficiency ratings for his service

4.  He was honorably released from active duty on 30 July 1954 in the rank/grade of private two/E-2.  He completed 1 year, 11 months, and 17 days of creditable active service.  His DD Form 214 for this period of service shows the FSM was awarded or authorized:

* Korean Service Ribbon with bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Combat Infantryman Badge	

5.  His DD Form 214 further shows he completed 1 year and 27 days of foreign service with 0 days of time lost.

6.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the AGCM by proper authority.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

7.  Army Regulation 600-65 (Service Medals), 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

8.  Army Regulation 600-8-22 (Military Awards) states the ROKWSM 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.

9.  Army Regulation 600-8-22 states 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows while the applicant was assigned to the 32nd Infantry Regiment, the unit was awarded the ROKPUC for the period 30 September 1950 through 27 July 1953, as confirmed by Department of the Army General Orders Number 22, dated 1956.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's conduct and efficiency ratings cannot be verified.  However, there is no record of any disciplinary action taken against him or disqualification by his chain of command.  Absent any evidence to the contrary, any reasonable doubt concerning the FSM's service should be resolved in his favor in regard to eligibility for the AGCM.  Therefore, it would be in the interest of justice to award him the AGCM for the period 14 August 1952 through 30 July 1954.

2.  The FSM's record shows he departed from Korea on 8 July 1954.  This was prior to the period of eligibility for the KDSM that began on 28 July 1954.  Therefore, he was not entitled to have this medal added to his DD Form 214.

3.  The FSM's service met the criteria for award of the ROKWSM.  Therefore, he was entitled to have this medal added to his DD Form 214.

4.  The FSM was assigned to the 32nd Infantry Regiment in Korea during the period for which the unit was awarded the ROKPUC.  Therefore, he was entitled to correction of his record to show this award.

5.  In view of the foregoing, the applicant is entitled to have the FSM's records corrected as shown below. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 AGCM (1st Award) for the period 14 August 1952 through 30 July 1954; and 

	b.  adding to his DD Form 214 for the period ending 30 July 1954 the AGCM (1st Award), ROKWSM, and ROKPUC.

2.  The Board further determined 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 KDSM to the FSM's DD Form 214 for the period ending 30 July 1954.  




      _______ _  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)                                         AR20130005070



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ABCMR Record of Proceedings (cont)                                         AR20130005070



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