IN THE CASE OF

		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130018212 


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 the:

* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal
* Army Good Conduct Medal
* any other awards, medals, or citations he might be entitled to

2.  The applicant states he was awarded the Bronze Star Medal but it was left off his DD Form 214.  From his research it appears he is entitled to the other awards listed above.  He believes the Army Good Conduct Medal was awarded for service of at least 1 year during times of conflict.  

3.  The applicant provides his DD Form 214, orders, DA Form 638 (Recommendation for Award - Meritorious Achievement or Service), an endorsement, and an award citation.

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 24 October 1952 and he entered active duty on that date.  During his active duty service he served as a rifleman and assistant machine gunner.  He served in Korea while assigned to the 279th Infantry Regiment, 45th Infantry Division (ID).  The specific dates of his service in Korea are not known.  He was promoted to the rank/grade of corporal (CPL)/E-4 on 30 August 1953.

4.  The applicant provides and his reconstructed record contains General Orders (GO) Number 633, dated 17 November 1953, issued by Headquarters (HQ), 45th ID, wherein he was awarded the Bronze Star Medal for meritorious service in Korea during the period 13 May to 27 July 1953.

5.  He was honorably released from active duty on 28 August 1954 in the rank of CPL and he was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 5 days of creditable active service with no lost time.  One year, 4 months, and 5 days of this service was foreign service.

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

* Korean Service Ribbon with 1 bronze service star (properly known as the Korean Service Medal)
* United Nations Service Medal 
* National Defense Service Medal
* Combat Infantryman Badge

7.  His DD Form 230 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.  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).

8.  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.

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

10.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 279th Infantry Regiment was cited for award of the Republic of Korea Presidential Unit Citation for the period 10 December 1951 through 31 July 1953 by DAGO Number 30, dated 1954.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal. 

2.  He served honorably during the period 24 October 1952 through 28 August 1954.  He served with distinction during the Korean War, was awarded the Bronze Star Medal, attained the rank of CPL, was honorably separated in that rank, and his DD Form 214 confirms he had no lost time.  In the absence of derogatory information that would show he had been disqualified for the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  He served in Korea during a qualifying period for award of 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 accordingly.


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:  

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 October 1952 through 28 August 1954
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Korea War Service Medal 
* Republic of Korea Presidential Unit Citation



      _______ _  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)                                         AR20130018212





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ABCMR Record of Proceedings (cont)                                         AR20130018212



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