BOARD DATE:	20 May 2014  

		DOCKET NUMBER:  AR20130015432


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:

   a.  three bronze service stars with his Korean Service Medal (KSM), the Republic of Korea Presidential Unit Citation (ROKPUC), and the U.S. Army Presidential Unit Citation (PUC) in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and 
   
   b.  Battery A, 213th Field Artillery (FA) Battalion (Bn), IX Corp, 8th Army Korea, in item 28 (Most Significant Duty Assignment).

2.  The applicant states:

   a.  correct up-to-date information was not available during the issuance of his DD Form 214; and
   
   b.  he was released from Korea before the Distinguished Unit Citation (DUC) (renamed the PUC) was awarded.

3.  The applicant provides the following documents in support of his application:

* Self-authored statement
* DD Form 214
* KSM award criteria and campaign listing
* 8th U.S. Army Korea, General Orders (GO) Number (#) 1014
* ROKPUC establishing authority and award criteria
* 213th FA Bn Unit History
* two Xeroxed photographs

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 to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record that primarily consists of the applicant's DD Form 214 and a morning report.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 7 September 1950.  He was trained in, awarded, and served in military occupational specialty (MOS) 3844 (FA Cannoneer).

4.  His DD Form 214 shows he completed 10 months and 27 days of foreign service.  Item 3 (Rank and Grade) shows he was promoted to the temporary rank of corporal on 23 October 1951.

5.  Item 27 of the applicant's DD Form 214 shows he earned the following awards:

* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal

6.  Item 28 of his DD Form 214 contains an entry which shows he was assigned to Battery B, 97th FA Bn, Camp Carson, Colorado.  Item 10 (Place of Separation) shows he was separated from Camp Carson, Colorado.

7.  On 2 July 1952, the applicant was honorably released from active duty and transferred to the Enlisted Reserve Corps.  He completed 1 year, 9 months, and 26 days of active military service with no lost time.

8.  The reconstructed NPRC file contains a morning report dated 1 April 1951.  It includes a list of names of 25 Soldiers assigned to Battery A, 213th FA Bn, Yongsan, Korea, and the applicant's name is included among this list.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-10 contains guidance on award of the NDSM.  It indicates the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954.

   b.  Paragraph 5-9 provides for award of the KSM and it states that the KSM is awarded for service in Korea between 27 June 1950 and 27 July 1954 and that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ROK.  Credit was granted for the following campaigns during the indicated periods:
   
UN Defensive 
7 June - 15 September 1950
UN Offensive	
16 September - 2 November 1950
CCF Intervention
3 November 1950 - 24 January 1951
First UN Counteroffensive
25 January - 21 April 1951
CCF Spring Offensive
22 April - 8 July 1951
UN Summer-Fall Offensive
9 July - 27 November 1951
Second Korean Winter
28 November 1951 - 30 April 1952
Korea, Sumer Fall 1952
1 May - 30 November 1952
Third Korean Winter
1 December 1952 – 30 May 1953
Korea, Summer 1953
1 May - 27 July 1953
   c.  paragraph 9-16 contains guidance on the Republic of Korea Korean War Service Medal (ROK-KWSM).  It 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.

10.  Army Regulation 600-65, 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.  

11.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time of the applicant's separation from active duty, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  This regulation governed the preparation of the DD Form 214.  It stated, in pertinent part, that for an enlisted person Item 28 would contain the last unit, or similar element, to which an individual was assigned for duty rather than the element of which the individual was a part while moving to a separation point.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War.  This source confirms that during his tenure of assignment, the applicant’s unit, the 213th Field Artillery Battalion, received the ROKPUC, DUC (renamed PUC) and was credited with participating in at least of three of the campaigns of the Korean War.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the three bronze service stars to be affixed to with his already-awarded KSM, the ROK-KWSM, PUC, and correction of item 28 of his DD Form 214.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record does not provide the actual dates the applicant performed his foreign service or its location.  However, it does show he served on active duty from 7 September 1950 through 2 July 1952, completed 10 months and 27 days foreign service, and earned the KSM evidencing his foreign service was performed in Korea.  Whether he completed his foreign service upon completion of initial entry training from December 1950- October 1951 or from 1 April 1951, the only confirmed date of his assignment in Korea as shown on the Morning Report on file, through February 1952, he would have participated in at least 3 campaigns during his service in Korean.  Therefore, based on the applicant's Korean service he earned three bronze service stars to be affixed to his KSM.  Further, based on this service and his overall period of honorable active service he is entitled to the NDSM, ROKPUC, PUC, and 
ROK-KWSM and it would be appropriate to add these awards to his DD Form 214 at this time.

3.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Although the applicant's records were apparently destroyed in the 1973 NPRC fire, his DD Form 214 confirms he was promoted to the noncommissioned officer rank of CPL after completing 1 year and 1 month of active duty service, he had no lost time, and the characterization of service was honorable.  Therefore, any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.

4.  Item 7 of the applicant’s DD Form 214 confirms he was REFRAD at Camp Carson, Colorado and item 28 lists a unit also located at Camp Carson, Colorado.  By regulation, item 28 of the DD Form 214 will contain the last unit, or similar element, to which an enlisted Soldier was assigned for duty.  Absent the applicant's military record or any other official evidence to corroborate his claim he last served with the 213th Field Artillery Battalion, IX Corp, 8th Army Korea, there is an insufficient evidentiary basis upon which to make any changes to the unit entry shown in item 28 of his DD Form 214.  Therefore, this portion of requested should not be granted at this time.

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 (1st award) for the period
8 January 1951 through 8 October 1952; 
   b.  amending his DD Form 214 by deleting the Korean Service Medal and adding the following:
   
* Army Good Conduct Medal (1st award)
* National Defense Service Medal
* Korean Service Medal with 3 bronze service stars
* Republic of Korea Presidential Unit Citation
* Presidential Unit Citation
* Republic of Korea-Korean War Service Medal

	c.  issuing a correction to his DD Form 214 to reflect these changes.

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 correcting item 28 of 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)                                         AR20130015432





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ABCMR Record of Proceedings (cont)                                         AR20130015432



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