IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130014842 


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 add the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, and Army Good Conduct Medal.

2.  The applicant states he recently received a copy of his DD Form 214 and noticed that there were no awards or entries pertaining to his service in Korea.

3.  The applicant provides 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.  After having had prior enlisted service in the Army Air Corps, the applicant enlisted in the Regular Army on 27 July 1949 and held military occupational specialty 3097 (Telephone Installer-Repairman).

3.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During this Period of Service) of his WD AGO Form 24A (Service Record) shows he was assigned to:

	a.  Fort Dix, NJ, and served with the 9th Infantry Division from 27 July 1949 to 30 September 1949.

	b.  Camp Stoneman, CA, and served with the 6214th Army Support Unit (ASU) from 1 September 1949 to 19 September 1949.

	c.  Guam, Army Post Office Number 246 from 19 September 1949 to 
24 September 1951 and served with:

* Marianas Bonins (MARBO) Personnel from 19 September 1949 to 
2 October 1949
* Company A, 516th Signal Service Battalion from 7 October 1949 to 
27 December 1949
* Company B, 516th Signal Service Battalion from 27 December 1949 to 26 January 1950
* 529th Signal Operations Company from 27 January 1950 to 13 March 1950
* Signal Operations Company, MARBO Command from 14 March 1950 to 
25 June 1950
* Signal Operations Company, 8154th ASU, MARBO Command from 
26 June 1950 to 9 October 1950
* Signal Operations and Support Company, 8154th ASU, MARBO Command from 26 June 1950 to 10 September 1951
* Headquarters and Headquarters Company, Signal 8154th ASU, MARBO Command from 11 September 1951 to 24 September 1951

	d.  Camp Kilmer, NJ, and served with Detachment 2, 1277th ASU from 
16 October 1951 to 3 December 1951.

	e.  Fort Monmouth, NJ, from 4 December 1951 to 8 December 1952 and served with:

* Headquarters and Headquarters Company, 1301st ASU, from
4 December 1951 to 31 July 1952
* Headquarters Company, 1301st ASU from 1 August 1952 to 
8 December 1952

4.  Section 13 (Record of Trials by Court Martial) of his WD AGO Form 24A shows:

	a.  Summary Court-Martial Order Number 17, issued by the 9404th Troop Signal Unit, Signal Corps Center Command, Fort Monmouth, NJ, convicted him of breaking restriction on or about 19 January 1952.  

	b.  Summary Court-Martial Order Number 112, issued by the 9404th Troop Signal Unit, Signal Corps Center Command, Fort Monmouth, NJ, convicted him of failing to obey a lawful order to be in his quarters at bed check and being disorderly on a public street.  

5.  He was honorably discharged on 8 December 1952.  His DD Form 214 shows he completed 3 years, 4 months, and 12 days of net active service, of which 
2 years and 6 days was credited as foreign service.  Additionally, his DD Form 214 does not list any awards.

6.  Historical research shows the Far East Command (FEC) was a United States military command from 1947 until 1957 comprising United States Army Forces in the Far East, Far East Air Forces, and Naval Forces Far East.  The FEC was created on 1 January 1947 and abolished when its functions transferred to Pacific Command, effective 1 July 1957.  Major Army commands under the FEC were the Eighth United States Army, Ryukyus Command, and MARBO Command.  MARBO was established under General MacArthur's Far East Command in January 1947 as a result of a major reorganization of U.S. military forces in the Asia/Pacific region.  

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

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  This service must have been (1) within the territorial limits of Korea or in waters immediately adjacent thereto; (2) with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea; (3) and must have been furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.  Additionally, the service 

prescribed must have been performed under any of the following conditions: (1) on permanent assignment; (2) on temporary duty for 30 consecutive days or 
60 nonconsecutive days; and (3) in active combat against the enemy.

	b.  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.

	c.  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.  

8.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by 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.

DISCUSSION AND CONCLUSIONS:

1.  Historical research shows that the applicant was assigned as part of the MARBO Command in Guam from 19 September 1949 to 24 September 1951.  The MARBO Command was part of the FEC and directly supported military efforts in Korea.  Therefore, he is entitled to the Korean Service Medal and correction of his DD Form 214 to add this award.

2.  Army regulations state that personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  He served during a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  His record contains two court-martial convictions.  Therefore, he is not entitled to award of the Army Good Conduct Medal.

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 to his DD Form 214 the:

* Korean Service Medal
* United Nations Service Medal
* National Defense 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 the Army Good Conduct 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)                                         AR20130014842





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ABCMR Record of Proceedings (cont)                                         AR20130014842



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