IN THE CASE OF:	   

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130017813 


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 his combat time in Korea and, in effect, his combat awards.

2.  The applicant states his personnel file states he did not have any combat time; however, he was involved in combat for 3 to 4 months while serving in Korea.  He has never previously reviewed his personnel file and he recently realized his file is incorrect with respect to his combat time.  He received awards based on his combat time. 

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.  The applicant's complete 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 the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains documents which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 25 June 1951 and entered active duty on that date; he served as a driver and a rifleman during his active duty service.  

4.  His DD Form 230 (Service Record) shows he served in Korea from on or about 7 January to 30 October 1952 and from on or about 3 November 1952 to 14 January 1953 while assigned to the 3rd Battalion, 23rd Infantry Regiment.

5.  He was honorably released from active duty on 6 March 1953 and he was transferred to the U.S. Army Reserve (USAR).  He completed 1 year, 8 months, and 12 days of creditable active service with no lost time.  One year, 1 month, and 22 days of this service was overseas service.

6.  The DD Form 214 he was issued shows award of the:

* United Nations Service Medal 
* Korean Service Medal with 2 bronze service stars
* Combat Infantryman Badge

7.  Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

8.  Section 17 (Indorsements) of his DD Form 230 shows he had all “excellent” conduct and efficiency ratings during his service in Korea with the 23rd Infantry Regiment.  Throughout his other period of military service he had “unknown” ratings.

9.  His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the:

	a.  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.  

	b.  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.  

	c.  Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized for wear on the Korean Service Medal for each campaign a member participates in during a qualifying period of service.  A review of the applicant's records shows during his service in Korea he participated in three campaigns.

11.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 23rd Infantry Regiment was cited for award of the Republic of Korea Presidential Unit Citation for the period 11 July 1952 through 1 October 1953 by DA General Orders (DAGO) Number 24, dated 1954.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In stated in item 26 (Foreign and/or Sea Service) enter the total active duty service performed outside the continental limits of the United States (OCONUS) for the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea from on or about 7 January to 30 October 1952 and from on or about 3 November 1952 to 14 January 1953 and during this service he participated in three campaigns.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 accordingly.

2.  He served honorably during the period 25 January 1951 through 6 March 1953.  His constructed record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Although for most of his service he received unknown ratings, his reconstructed record confirms he had "excellent" conduct and efficiency ratings during his service in the Korean War.  His DD Form 214 confirms he had no lost time and his transfer to the USAR upon his release from active duty serves to show he was eligible for continued service.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  He served in Korea during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  In addition, his unit in Korea was awarded the Republic of Korea Presidential Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show these medals.

4.  With respect to showing his combat service in Korea, the regulation in effect at the time required an entry for the total active duty service performed OCONUS for the period covered by the DD Form 214 which is correctly shown on his DD Form 214.  There was no provision in Army Regulation 635-5 to list combat time during the Korean War on the DD Form 214.  However, his award of the Korean Service Medal with 3 bronze service stars and the Combat Infantryman Badge confirms his combat service in Korea.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 January 1951 through 6 March 1953
* deleting from his DD Form 214 the Korean Service Medal with 2 bronze service stars
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korean Service Medal with 3 bronze service stars
* National Defense Service Medal
* Republic of Korea War Service Medal 
* Republic of Korea Presidential Unit Citation

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 his combat service in Korea.  



      _______ _   _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)                                         AR20130017813





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ABCMR Record of Proceedings (cont)                                         AR20130017813



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