IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20130008664
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 Republic of Korea Presidential Unit Citation.
2. The applicant states he served with the 14th Infantry Regiment (Golden Dragons) in Korea and he received the Combat Infantryman Badge as well as the United Nations Service Medal. He was also promoted by official orders issued by the 14th Infantry Regiment. The Republic of Korea Presidential Unit Citation was awarded to the 14th Infantry Regiment for service from 5 May to 9 July 1953. His awards and promotion orders clearly establish his assignment to this unit during the period of the award.
3. The applicant provides:
* DD Form 214
* Department of the Army General Orders (DAGO) Number 10, dated 1955
* Special Orders (SO) Number 168
* SO Number 90
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code (USC), 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 ABCMR to excuse an applicants 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 applicants 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 his 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 entered active duty in the rank/grade of private/E-1 on 12 February 1952. This form also shows at the time of his separation his most significant duty assignment (i.e., last duty assignment) was with Headquarters and Headquarters Company, 14th Infantry Regiment, Korea.
4. His DD Form 214 further shows he completed 1 year, 9 months, and 17 days of creditable active service and with no lost time. He also completed 1 year, 3 months, and 24 days of foreign service.
5. SO Number 168, issued by Headquarters, 14th Infantry Regiment, on 17 June 1953, promoted him to the temporary rank/grade of sergeant (SGT)/E-5, effective 17 June 1953.
6. SO Number 90, issued by Headquarters, 14th Infantry Regiment, on 31 March 1953, awarded him the Combat Infantryman Badge.
7. He was honorably released from active duty in the rank/grade of SGT/E-5 on 23 November 1953. His DD Form 214 shows he was awarded or authorized the:
* Korean Service Medal with three bronze service stars
* Good Conduct Medal
* Combat Infantryman Badge
* United Nations Service Medal
* National Defense Service Medal
8. DAGO Number 10, dated 1955, awarded selected units, including the 14th Infantry Regiment, the Republic of Korea Presidential Unit Citation for service from 5 May 1953 to 9 July 1953.
9. 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. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant's unit in Korea the Republic of Korea Presidential Unit Citation during his service with this unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. He served a qualifying period of service for award of the Republic of Korea War Service Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
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 adding to his DD Form 214 the Republic of Korea Presidential Unit Citation and the Republic of Korea War Service Medal.
____________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) AR20130008664
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ABCMR Record of Proceedings (cont) AR20130008664
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