IN THE CASE OF

		BOARD DATE:	    22 July 2014

		DOCKET NUMBER:  AR20130019464 


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) with an effective date of separation of 21 November 1952 to show:

* he is authorized the Korean Service Medal
* he was wounded in his right leg, hand, and the back of his head

2.  The applicant states documents showing the above are in his military records.

3.  The applicant provides:

* DD Form 214
* a letter of appreciation, dated 25 June 2000

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 that most of the applicant’s records were lost or destroyed in that fire.  The only documents available are a WD AGO Form 8-24 (Register Card) and the DD Form 214  provided by the applicant.

3.  On 13 June 1949, he enlisted in the Regular Army.

4.  A WD AGO Form 8-24 shows he was admitted to the Station Hospital at Fort Dix, NJ on 2 August 1949 for hemorrhoids.  Surgery was performed and he was released to duty on 17 August 1949.

5.  On 21 November 1952, he was honorably discharged at the expiration of his term of service.  He completed 3 years, 5 months, and 9 days of active service that was characterized as honorable.  He completed 9 months and 2 days of foreign/sea service.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "NONE."  His DD Form 214 contains the following awards:

* "AOM (Japan)"  (Army of Occupation Medal with Japan clasp)
* "GCM" (Army Good Conduct Medal)
* "PUC" (Presidential Unit Citation (Army))
* "UNM" (determined to be the United Nations Service Medal)

6.  The entries "PUC" and "UNM" are in a different font size than the other entries and appear to have been added after the DD Form 214 was issued.

7.  His most significant duty assignment is shown as the 37th Radio Controlled Airplane Targets APO (Army Post Office) 331.  Historical APO records show APO 331 was located on Okinawa from April 1950 to November 1953.

8.  The letter he provided, dated 25 June 2000, is a generic form letter addressed to "Dear Veteran" and does not provide any evidence that he was in Korea.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for the Korean War.  The 37th Radio Controlled Airplane Targets is not listed as having been awarded the Distinguished Unit Citation.
10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Distinguished Unit Citation is the predecessor of the Presidential Unit Citation (Army).  On 3 November 1966, the Distinguished Unit Citation was redesignated the Presidential Unit Citation (Army).  The Presidential Unit Citation (Army) is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.

	b.  The Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	c.  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.  The service prescribed must have been performed while serving with any unit as specified below:

		(1)  While on an assignment to such unit for any period between the dates specified above.

		(2)  While attached to such a unit for a period of 30 days consecutive or nonconsecutive, between the dates specified above.

		(3) While in active combat against the enemy under conditions other than those prescribed in (1) and (2) above if a combat decoration has been awarded or an individual certificate testifying to such combat service has been furnished
by the commander of an independent force or a division, ship, or air group, or comparable or higher unit.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 that the applicant submitted appears to have been altered for the following reasons:

	a.  The entries "PUC" and "UNM" are in a different font size than the other entries for awards and appear to have been added after the DD Form 214 was issued.  

	b.  At the time of his discharge the correct entry for the Presidential Unit Citation (Army) would have been the Distinguished Unit Citation.  The Distinguished Unit Citation was not redesignated the Presidential Unit Citation (Army) until 3 November 1966, 14 years after his discharge.

2.  The Department of the Army Pamphlet 672-1 does not show the 37th Radio Controlled Airplane Targets was awarded the Distinguished Unit Citation.  However, due to the unavailability of his military personnel records it is not known if this was the unit he was assigned to at the time he contends he was in Korea.

3.  In view of the above, there is no basis for to adding the Korean Service Medal to his DD Form 214.

4.  There is no available evidence and the applicant has not provided any substantive evidence showing he was wounded as a result of action with enemy forces.  Therefore, there is an insufficient basis to change item 29 of his 
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20130019464



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019464



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1