IN THE CASE OF
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130018256
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 the Republic of Korea Presidential Unit Citation be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that in 1985 he received a letter stating he was authorized award of the Republic of Korea Presidential Unit Citation. He was unaware at that time that he could request to have this award added to his DD Form 214. He reports he was assigned to the "89th Tank" in early August 1950 and it is this unit that was awarded the unit citation.
3. The applicant provides copies of his DD Form 214, a DD Form 215 (Correction to the DD Form 214), a 28 May 1985 U.S. Army Reserve Components Personnel and Administration Center (ARPERCEN) letter, and two administrative notification letters.
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 were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from limited reconstructed personnel records.
3. The applicant served on active duty in the Regular Army from 31 December 1948 through 18 June 1952.
4. His DD Form 214, as amended, lists his awards as the Bronze Star Medal with "V" Device, Purple Heart, National Defense Service Medal, United Nations Service Medal, Korean Service Medal with 5 bronze service stars, Army of Occupation Medal with Japan Clasp, and the Republic of Korea War Service Medal.
5. In a prior Board review of the applicant's records, it was noted that
* 25th Infantry Division General Orders Number 502, dated 22 December 1950, while assigned to the 89th Medium Tank Battalion, awarded the applicant the Bronze Star Medal with "V" Device
* 89th Medium Tank Battalion General Orders Number 7, dated 13 March 1951, awarded the applicant the Purple Heart for wounds received on 13 March 1951.
6. The available official military records include a copy of the 28 May 1985 ARPERCEN notification letter advising the applicant that he is authorized award of the Republic of Korea Presidential Unit Citation.
7. A review of the 89th Medium Tank Battalion and the 25th Infantry Division unit histories shows the 89th Medium Tank Battalion was activated in Korea in August 1950 and assigned to the 25th Infantry Division. The 25th Infantry Division was credited with participation in all ten Korean War campaigns and received the Republic of Korea Presidential Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The loss of the applicant's service records makes the verification of his potential authorized awards difficult.
2. However, combining the 1985 notification letter, the unit histories, and the applicant's award order for the Bronze Star Medal with "V" device and Purple Heart, it is reasonable to presume that the applicant was assigned to the 89th Medium Tank Battalion, 25th Infantry Division during the period it was awarded the Republic of Korea Presidential Unit Citation.
3. Therefore, it is appropriate to correct the applicant's records to add the Republic of Korea Presidential Unit Citation to his authorized awards listed on his DD Form 214 and as amended by his DD Form 215.
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 showing that in addition to the awards shown on the DD Form 214 and DD Form 215 the applicant is authorized award of the 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) AR20130018256
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ABCMR Record of Proceedings (cont) AR20130018256
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