IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20140000370 


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 records to show award of the Bronze Star Medal (BSM).

2.  The applicant states, in effect, the BSM should be added to his records.

3.  The applicant submits no additional documents.

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

3.  The available records show the applicant enlisted in the Regular Army on 
21 June 1950.

4.  Section 29 (Record of Current Service) of his DA AGO Form 20 (Soldier's Qualification Record) shows he was assigned to the Headquarters, IX Corps, from 15 April 1952 to 3 May 1953.

5.  His WD AGO Form 24A (Service Record) shows in:

   a.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) he was assigned to Headquarters, IX Corps, from 15 April 1952 to 2 May 1953; and 

   b.  Section 21 (Medals, Decorations, and Citations) award of the United Nations Service Medal, Korean Service Medal with three bronze service stars, and two Overseas Service Bars.
   
   c.  Section 24 (Indorsements) he received all "excellent" and "superior" ratings for character and efficiency. 

6.  His available record contains General Orders Number 71, issued by Headquarters, IX Corps, dated 13 April 1953, which awarded the applicant the Bronze Star Medal for meritorious service while assigned to Headquarters, IX Corps, U.S. Army in Korea during the period 15 April 1952 to 13 April 1953.

7.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows:

* he attained the grade sergeant first class
* he served 1 year, 2 months, and 23 days of foreign service
* his most significant unit assignment was IX Corps, Korea
* he was awarded the Korean Service Medal with bronze service stars, United Nations Service Medal, and two Overseas Service Bars.
* he completed 3 years of active service with no time lost

8.  Army Regulation 600-8-22 (Military Awards) sets forth the Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

   a.  The National Defense Service Medal was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.
   
	b.  The Army Good Conduct Medal was governed by Army Regulation 600-65 during the Korean War era.  It was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 
2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  

	c.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The applicant served 1 year and 9 months of creditable service.  He rose to the rank of sergeant first class, had no lost time, and he was awarded the BSM.  He was honorably separated.  All of these indicators point to him being a good Soldier.  His character and efficiency ratings were all excellent and superior.  Therefore, he should be awarded the Army Good Conduct Medal.

3.  The applicant is also entitled to award of the National Defense Service Medal and the Republic of Korea War Service Medal.



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.  awarding him the Army Good Conduct Medal (1st award) for the period   21 June 1950 through 23 June 1953; and

	b.  adding the Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea War Service Medal 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)                                         AR20140000370





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ABCMR Record of Proceedings (cont)                                         AR20140000370



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