IN THE CASE OF:	  

		BOARD DATE:	 30 September 2014 

		DOCKET NUMBER:  AR20140003271 


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 three bronze service stars with his Korean Service Medal (KSM).
   
2.  The applicant states he fought in three campaigns during the Korean War with the 24th Infantry Division from April 1951 to January 1952, entitling him to three bronze service stars with his KSM.

3.  The applicant provides:

* DD Form 214
* 24th Infantry Division Lineage and Honors Information Internet Document

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record that primarily consists of the applicant's DD Form 214 and Morning Report.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 9 November 1950.  He was trained in and awarded military occupational specialty (MOS) 4677 (Military Policeman).

4.  On 25 August 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Corps after completing 1 year, 9 months, and 17 days of active military service with no lost time.  His DD Form 214 shows:

* he was promoted to the temporary rank of corporal on 11 November 1951
* he completed 11 months and 6 days of foreign service
* he earned the following awards:

* Korean Service Medal with 1 bronze service star
* United Nations Service Medal
* Army of Occupation Medal (Japan)

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-10 contains guidance on award of the NDSM.  It indicates the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954.

   b.  Paragraph 5-9 provides for award of the KSM and it states that the KSM is awarded for service in Korea between 27 June 1950 and 27 July 1954 and that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ROK.  Credit was granted for the following campaigns during the indicated periods:
   

UN Defensive 
7 June - 15 September 1950
UN Offensive	
16 September - 2 November 1950
CCF Intervention
3 November 1950 - 24 January 1951
First UN Counteroffensive
25 January - 21 April 1951
CCF Spring Offensive
22 April - 8 Jul y 1951
UN Summer-Fall Offensive
9 July - 27 November 1951
Second Korean Winter
28 November 1951 - 30 April 1952
Korea, Sumer Fall 1952
1 May - 30 November 1952
Third Winter
1 December 1952
Korea, Summer 1953
1 May - 27 July 1953
   c.  paragraph 9-16 contains guidance on the Republic of Korea Korean War Service Medal (ROK-KWSM).  It 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

8.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to three bronze service stars to be affixed to his already awarded KSM.  

2.  The evidence of record does not provide the actual dates the applicant performed his foreign service or its location.  However, it does show he served on active duty from 9 November 1950 through 25 August 1952, completed 11 months and 6 days foreign service, and earned the KSM, which proves at least a portion of his foreign service was performed in Korea.  Whether he completed his foreign service upon completion of initial entry training from January - November 1951, or during the last 11 months of his military service 

from September 1951 - August 1952, he would have participated in at least 3 campaigns during his service in Korea.  Therefore, based on his Korean service, he earned three bronze service stars to be affixed to his KSM.  Further, based on this foreign service and his overall period of honorable active service, he is entitled to the NDSM and ROK-KWSM.  Accordingly, it would be appropriate to add these awards to his DD Form 214.

3.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Although the applicant's records were apparently destroyed in the 1973 NPRC fire, his DD Form 214 confirms he was promoted to the noncommissioned officer rank of CPL after completing 1 year and 1 month of active duty service, he had no lost time, and the characterization of service was honorable.  Therefore, any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.

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
9 November 1950 through 25 August 1952; 

	b.  amending his DD Form 214 by deleting the Korean Service Medal with     1 bronze service star and adding the following awards:

* Army Good Conduct Medal
* Korean Service Medal with 3 bronze service stars



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

	c.  issuing a correction to his DD Form 214 to reflect these changes.




      _______ _   __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)                                         AR20140003271



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ABCMR Record of Proceedings (cont)                                         AR20140003271



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