IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140001880 


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 record to show the Republic of Korea Presidential Unit Citation and the National Defense Service Medal.

2.  He states these awards were never recorded on his DD Form 214 (Report of Separation from the Armed Services of the United States).

3.  He provides his DD Form 214 for the period 1 October 1950 to 6 September 1951.

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 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 his 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.  He enlisted in the Army of the United States on 30 July 1948.

4.  He was honorably released from active duty on 29 July 1949 and transferred to the U.S. Army Reserve (USAR).  His WD AGO Form 53-280 (Enlisted Record and Report of Separation - Certificate of Service) issued at the time of separation shows he held the pay grade of corporal (CPL/E-4) and he had completed one year of active service with no time lost.  There are no awards or decorations shown on this document.

5.  He was a member of the inactive USAR from 20 July 1949 to 30 September 1950.

6.  He was ordered to active duty on 1 October 1950 and he was honorably released from active duty on 6 September 1951 as a CPL.  He completed 
11 months and 6 days of active duty service during this period.  His DD Form 214 shows that at the time of his separation:

* his most significant duty assignment (i.e., last duty assignment) was with Service Battery, 82nd Field Artillery Battalion, Republic of Korea
* he was awarded or authorized the Korean Service Medal with 3 bronze service stars

7.  His record is void of any derogatory information during his period of active and inactive service.

8.  Review of the applicant's records indicates authorization of additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	b.  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.

	c.  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, in part, 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 82nd Field Artillery Battalion was cited for the award of the Republic of Korea Presidential Unit Citation as announced in Department of the Army General Orders (DAGO) Number 35, dated 1954, and DAGO 41, dated 1951 for the period 16 August to 26 September 1950.

DISCUSSION AND CONCLUSIONS:

1.  He is authorized the National Defense Service Medal based on his service between 27 July 1950 and 27 July 1954.

2.  He is authorized the United Nations Service Medal and the Republic of Korea War Service Medal based on his service in Korea.

3.  The 82nd Field Artillery Battalion was cited for award of the Republic of Korea Presidential Unit Citation for the period 16 August to 26 September 1950.  The record shows the applicant served with this unit after 1 October 1950; therefore, he is not authorized this award.

4.  In view of the above, the applicant should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214 for the period ending 
6 September 1951:

* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Republic of Korea Presidential Unit Citation 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)                                         AR20140001880





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ABCMR Record of Proceedings (cont)                                         AR20140001880



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