IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130022103
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 Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states he believes he was awarded the ARCOM, but the relevant information was not included on his DD Form 214.
3. The applicant provides:
* Citation for the Commendation Ribbon with Metal Pendant
* 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 29 January 1952. He served as a dental technician in Korea and he was honorably released from active duty on 16 December 1953.
4. His DD Form 214 shows he was awarded or authorized the:
* United Nations Service Medal
* Korean Service Medal
* National Defense Service Medal
5. There are no orders for the ARCOM in the available records.
6. He provides a citation from Headquarters, Eighth U.S. Army for the Commendation Ribbon with Metal Pendant for meritorious service during the period 14 December 1952 to 10 November 1953 in Korea. This citation shows the entry "(GO (General Orders) 1001, 10 Nov 53 [10 November 1953]."
7. Records show he participated in two campaigns during his assignment in Korea.
8. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9. The regulation also states awards of the Commendation Ribbon with Metal Pendant were redesignated by Department of the Army General Orders
10, 31 March 1960, as awards of the ARCOM, without amendment of orders previously issued.
10. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.
11. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders for the ARCOM in the available records, it appears the applicant was awarded the Commendation Ribbon with Metal Ribbon by general orders in November 1953.
2. The governing awards regulation states awards of the Commendation Ribbon with Metal Pendant were redesignated by Department of the Army general orders in 1960 as awards of the ARCOM. Since any reasonable doubt should be resolved in the applicant's favor, the citation for the Commendation Ribbon with Metal Pendant for meritorious service during the period 14 December 1952 to
10 November 1953 in Korea provided by the applicant is accepted as sufficient evidence in which to base adding the ARCOM to his DD Form 214.
3. Based on his service in Korea from 14 December 1952 to 10 November 1953 and participation in two campaigns, he is eligible for the Korean Service Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
4. He served a period of qualifying service for award of the ROKWSM. Therefore, his DD Form 214 should be corrected to show this award.
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:
a. deleting the Korean Service Medal from his DD Form 214; and
b. adding the ARCOM, Korean Service Medal with two bronze services stars, and ROKWSM to his DD Form 214.
_____________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) AR20130022103
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