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ARMY | BCMR | CY2013 | 20130020630
Original file (20130020630.txt) Auto-classification: Approved

		IN THE CASE O

		BOARD DATE:	    24 July 2014

		DOCKET NUMBER:  AR20130020630 


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 corrections of his military records to show all awards he is authorized as a result of his combat service in Korea.  

2.  The applicant states he was informed he may be entitled to citations or certificates based on his service in Korea.  

3.  The applicant provides no additional evidence.  

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents in a reconstructed record for the Board to make a fair and impartial adjudication of this case.

3.  The applicant enlisted in the Regular Army on 1 February 1952.  

4.  His DA AGO Form 20 (Qualification Record - Enlisted Personnel) shows he served in Korea from 8 August 1952 to 3 June 1953 and that he was assigned to B Company, 7th Infantry Regiment from 15 August 1952 to 16 May 1953.  

5.  He was honorably released from active duty on 31 January 1954.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded or authorized the:

* Combat Infantryman Badge
* Korean Service Medal with three bronze service stars 
* National Defense Service Medal
* United Nations Service Medal

6.  Army Regulation 600-8-22 (Military Awards) 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.  The service must have been performed while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II and the Korean conflict.  This pamphlet shows the 7th Infantry Regiment was awarded the Bravery Gold Medal of Greece for service during the period of the Korean War.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show all awards he is authorized as a result of his combat service in Korea has been carefully considered.

2.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, this award should be added to his DD Form 214.

3.  The applicant's unit of assignment during his service in Korea was awarded the Bravery Gold Medal of Greece for service during a period he was assigned to this unit.  Therefore, this unit award should also be added to his DD Form 214.  

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 adding to his DD Form 214 the Republic of Korea War Service Medal and the Bravery Gold Medal of Greece.  




      ___________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)                                         AR20130020630



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130020630



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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