IN THE CASE OF:  	  

		BOARD DATE:  4 November 2014	  

		DOCKET NUMBER:  AR20140003047 


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 reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he is authorized two bronze service stars for wear on his already-awarded Korean Service Medal.  As a new issue, he requests correction of his DD Form 214 to show the Republic of Korea War Service Medal.

2.  The applicant states he was an infantryman assigned to the 31st Infantry Regiment from June 1952 to April 1953.  The service dates cover the service eligibility for two bronze service stars.

3.  The applicant provides a DD Form 214, DD Form 215 (Correction to DD Form 214), and four morning reports pertaining to the 31st Infantry Regiment.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002082532 on 17 April 2003.

2.  The applicant provides four morning reports pertaining to the 31st Infantry Regiment, dated 24 November 1952, 29 November 1952, 22 January 1953, and 30 January 1953, which were not previously considered by the Board.  Therefore, these documents are considered new evidence which warrant consideration by the Board.
3.  In the previous Record of Proceedings it was noted that:

	a.  His 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.

	b.  He entered active service on 31 July 1951.  

	c.  He served in Korea from June 1952 to April 1953.

	d.  He separated on 25 May 1954 in the rank of Sergeant First Class, E-6.  

	e.  His DD Form 214, as amended by a DD Form 215, shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the Purple Heart, the United Nations Service Medal, one overseas service bar, Army Good Conduct Medal, and the Republic of Korea Presidential Unit Citation.

	f.  His DD Form 214 also shows he was wounded on 28 October 1952 as a result of a shrapnel fragment wound to the knee.

4.  The Board noted that based on the fact he was wounded on 28 October 1952 (before the start of the Third Korean Winter on 1 December 1952), and the fact that his records were lost or destroyed, it could not be determined how long a period he was treated for this wound.  Therefore, it could not be determined if he was present for duty with a unit after he was wounded.  The Board presumed that his DD Form 214 correctly reflects award of only one bronze service star with his Korean Service Medal.

5.  He now provides morning reports pertaining to the 31st Infantry Regiment, dated 22 and 30 January 1953, that show he was present for duty during the time-frame in question.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star is authorized for wear with the Korean Service Medal for each campaign.  The Soldier must have been assigned or attached to and present for duty with a unit during the period in which it participated in combat.  Appendix B shows that during the applicant's tour of duty in Korea, participation credit was awarded for two campaigns.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Korean Service Medal with two bronze service stars and the Republic of Korea War Service Medal has been carefully considered.

2.  He was awarded the Korean Service Medal with one bronze service star for service during the period campaign participation credit was awarded for the Korea, Summer-Fall campaign (1 May-30 November 1952); however, the morning reports provided confirm he was present for duty during the time participation credit was awarded for the Third Korean Winter campaign.  Therefore, there is sufficient evidence to justify correction of his DD Form 214 to show the Korean Service Medal with two bronze service stars.

3.  Based on his service in Korea during the period June 1952 to April 1953, he is also authorized the Republic of Korea War Service Medal and correction of his DD Form 214 to show this award.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2002082532, dated 17 April 2003.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the Korean Service Medal with one bronze service star and by adding the Korean Service Medal with two bronze service stars.

2.  In regard to the new issue, the Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommended that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Republic of Korea War Service Medal.



      __________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)                                         AR20140003047



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ABCMR Record of Proceedings (cont)                                         AR20140003047



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