IN THE CASE OF:	  

		BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130011720 


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 all of his authorized awards, to include:

* United Nations Service Medal
* Army Good Conduct Medal
* Unit awards
* Foreign awards
* Combat awards

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his 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 records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the applicant has provided a copy of his DD Form 214 which is sufficient to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows:

	a.  he was called from inactive duty as a member of the Army National Guard to active duty on 22 August 1950;

	b.  he served in the Republic of Korea (ROK) from 13 November to 
2 December 1951;

	c.  he was awarded the Korean Service Medal with one bronze service star and the Army of Occupation Medal with Japan Clasp;

	d.  his most significant duty assignment was with the "US ARMY HOSP 8169TH AU"; and

	e.  he was honorably discharged from active duty on 16 April 1952.

4.  Army Regulation 600-8-22 (Military Awards):

	a.  The Korean Service Medal is awarded for qualifying service in the ROK theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized for wear on this medal to designate participation in each campaign.  These campaigns include the UN Summer-Fall Offensive from 9 July to 27 November 1951 and the Second Korean Winter from 28 November 1951 to 30 April 1952.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.

	c.  The regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  It provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of 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.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Korea.  This publication does not show the applicant's most significant duty assignment as having been in the Republic of Korea.

6.  Army Regulation 600-65 (Service Medals), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards, to include:

* United Nations Service Medal
* Army Good Conduct Medal
* Unit awards
* Foreign awards

2.  The available evidence is sufficient to show the applicant served during a qualifying period for the following awards which should be shown on his DD Form 214:

* Two bronze service stars to be affixed to his Korean Service Medal
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

3.  The available evidence shows that the applicant served a total of 3 years, 10 months, and 3 days of military service.  He held the rank of corporal for more than half of this service.  He served in the ROK for a period of 5 months.  There is no evidence of any misconduct or other discipline taken against the applicant.  Accordingly, it would be appropriate to grant his request to award him the Army good Conduct Medal for the period from 22 August 1950 to 16 April 1952.

4.  The available evidence is insufficient to make a determination concerning unit awards or specific combat awards that the applicant might be authorized.

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.  awarding him the Army Good Conduct Medal for the period from 22 August 1950 to 16 April 1952;

	b.  deleting from his DD Form 214 the Korean Service Medal with one bronze service star; and

	c.  showing on his DD Form 214, in addition to the awards already shown, that his awards include:

* Army Goods Conduct Medal
* Korean Service Medal with two bronze service stars
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal



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 showing any additional unit or combat awards.




      _______ _   _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)                                         AR20130011720





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ABCMR Record of Proceedings (cont)                                         AR20130011720



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