IN THE CASE OF:	  

		BOARD DATE:	  8 October 2014

		DOCKET NUMBER:  AR20140002841 


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) to show all of his authorized awards.

2.  The applicant states he entered the Army on 26 January 1949 in Honolulu, Hawaii.  After completing basic training, he was assigned to General Headquarters with the Allied Translator Interpreter Section in Tokyo, Japan.

   a.  The Korean War started on 25 June 1950.  Three weeks later, his unit of eight translators was flown to Taegu, South Korea, and assigned to the
500th Military Intelligence Service Group.  Their mission was to interrogate North Korean prisoners of war.  He continued to serve with the 500th Military Intelligence Service Group until November 1950 when the unit was recalled to Tokyo.  He remained assigned to the Allied Translator Interpreter Section until he was discharged on 2 June 1952.

   b.  He states that his DD Form 214 shows he was awarded the Army of Occupation Medal (AOM) and the Korean Service Medal (KSM).  However, it should be corrected show award of the AOM with Japan Clasp and the KSM with two (campaign) bronze service stars.  In addition, with respect to the "Army Commendation Medal with Metal Pendant" shown on his DD Form 214, he is unsure if the pendant is a medal device or an attachment.


   c.  He also states that he is entitled to the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), Republic of Korea War Service Medal (ROKWSM), Republic of Korea Presidential Unit Citation (ROK PUC), United Nations Service Medal (UNSM), and United Nations Medal (UNM).

3.  The applicant provides copies of his DD Form 214 and DD Form 256A (Honorable Discharge Certificate).

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 record is 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, the applicant's reconstructed record, that contains his DD Form 214, is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on 26 January 1949 for a period of 3 years and he was honorably discharged on 
2 June 1952.  He had completed 3 years, 4 months, and 7 days of total net service this period that included 2 years, 11 months, and 9 days of foreign service.  It also shows in –

* item 3 (Grade - Rate - Rank and Date):  Corporal (CPL), 23 January 1951
* item 4 (Component and Branch or Class):  RA, Infantry
* item 28 (Most Significant Duty Assignment):  Headquarters Company, 6230th Readiness Group, Fort Ord, CA


* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
   
* AOM
* KSM
* (Indecipherable) Ribbon with Metal Pendant

4.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units and campaign participation of units serving in World War II and the Korean Conflict.  It fails to show that the 500th Military Intelligence Service Group was cited for award of the ROK PUC.
It also fails to show the Allied Translator Interpreter Section was cited for award of the ROK PUC.

5.  A review of the applicant's available military service records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

6.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM 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.  There must have been no convictions by court-martial.  

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Army Commendation Medal was originally a ribbon-only award designated as the "Army Commendation Ribbon with Medal Pendant."  It was authorized on 18 December 1945 as a commendation ribbon and awarded to members of the Army for heroism, meritorious achievement or meritorious service after 6 December 1941.  It was redesignated the "Army Commendation Medal" in 1960.  The Army Commendation Medal, commonly called the ARCOM, is unique as it is the first and only Army award that started as a ribbon-only award and then became a medal.  After World War II, it became the only award created for the express purpose of peacetime and wartime meritorious service as well as the only award designed expressly for presentation to junior officers and enlisted personnel.  
	b.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	c.  The AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the AOM with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Soldiers who served in the Far East Theater during the occupation of the Far East will wear the Clasp inscribed "Japan."

	d.  The KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the service medal.

   e.  Table B-1 contains a list of Korean War campaigns and, in part, shows the following campaigns:

* United Nations Defensive (27 June 1950 - 15 September 1950)
* United Nations Offensive (16 September - 2 November 1950)

	f.  The UNSM 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 KSM automatically establish eligibility for the UNSM.

   g.  The UNM was established by the Secretary General of the United Nations and authorized under Executive Order 11139, 7 January 1964, as amended by Executive Order 13286, 28 February 2003.  The UNM is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months in designated United Nations operations.  U.S. service members who are or have been in the service of the United Nations in operations designated by the Secretary of Defense may accept the UNM when awarded by the Chief of the United Nations Mission.

   h.  The ROK PUC is awarded by the Korean government.  A Soldier must have been assigned or attached to the unit during the period of service the unit was cited for the award.

	i.   The 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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the NDSM, AOM with Japan Clasp, KSM with two bronze service stars, UNSM, UNM, ROKWSM, ROK PUC, and AGCM (1st Award).

2.  The evidence of record shows the applicant qualified for award of the –

* NDSM based on his active duty service subsequent to 26 July 1950
* AOM with Japan Clasp based on his service in Japan
* KSM, he served in two campaigns during his service in Korea, and he is entitled to two bronze service stars for wear on his already-awarded KSM
* UNSM based on award of the KSM
* ROKWSM based on his service in support of the Korean War

3.  The evidence of record shows the UNM was established on 7 January 1964. The applicant was discharged from military service on 2 June 1952.  Thus, the evidence of record fails to support the applicant's claim to the UNM.

4.  There is no evidence of record that shows the applicant's unit was awarded the ROK PUC.  Thus, he is not entitled to correction of his records to show this foreign unit award.

5.  The applicant served a period of continuous, honorable active duty enlisted service from 26 January 1949 through 25 January 1952.  He was promoted to CPL (E-4) with 2 years of active service.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
26 January 1949 through 25 January 1952  (Standard Name Line:  CPL Headquarters Company, 6230th Readiness Group, Fort Ord, CA);

   b.  deleting from item 27 of his DD Form 214 the –
   
* "Army of Occupation Medal"
* "Korean Svc Med"

	c.  adding to item 27 of his DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal

2.  The Board further determined that the evidence presented is 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 the United Nations Medal and Republic of Korea Presidential Unit Citation.  



      _______ _   _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)                                         AR20140002841



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ABCMR Record of Proceedings (cont)                                         AR20140002841



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