IN THE CASE OF:	  

		BOARD DATE:	 4 December 2014

		DOCKET NUMBER:  AR20140003888 


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, in two separate applications, requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) dated 30 April 1953 to show the following awards:

* National Defense Service Medal
* Cold War Victory Commemorative Medal
* Army Good Conduct Medal
* 50th Anniversary Korean Commemorative Medal
* Overseas Service Commemorative Medal
* United States Army Commemorative Medal
* "United Nations Korean Service Medal"
* Republic of Korea War Service Medal
* Korean Presidential Unit Citation
* American Defense Commemorative Medal
* Honorable Discharge Commemorative Medal

2.  The applicant states he earned the requested awards and they should be added on his DD Form 214.

3.  The applicant provides two copies of his DD Form 214.

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.  Information contained in these proceedings was provided by the applicant.

3.  The applicant was inducted into the Army of the United States on 17 May 1951.

4.  On 30 April 1953, the applicant was honorably released from active duty for the convenience of the government.  His DD Form 214 shows his most significant duty assignment was Headquarters Battery, 1st Cavalry Division and that he completed 1 year, 5 months, and 25 days of foreign and/or sea service.  His DD Form 214 also shows he was a Korea returnee and the following awards:

* Army of Occupation Medal (Japan)
* Korean Service Medal with two bronze service stars
* United Nations Service Medal

5.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was not assigned to a unit during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation.


7.  Army Regulation 600-8-22 states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years 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

* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

	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.

	c.  The National Defense Service Medal 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.

8.  A review of Army Regulation 600-8-22 fails to reveal an award of the "United Nations Korean Service Medal."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to the applicable regulation commemorative medals may not be shown on a discharge document.  Therefore, they are appropriately not shown.

3.  A review of Army Regulation 600-8-22 fails to show an award of the "United Nations Korean Service Medal."  The applicant's records are not available.  Therefore, it cannot be determined whether he meets the criteria for award of the Army Good Conduct Medal.  The governing regulation does not show that his unit was awarded the Korean Presidential Unit Citation.  These awards should not be shown on his DD Form 214.

4.  Based on the available evidence he is authorized the National Defense Service Medal and the Republic of Korea War Service Medal.  His DD Form 214 should be amended to show these awards.

5.  In view of the forgoing, the applicant's records should be corrected as recommended below.

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 amending his DD Form 214 to add the National Defense Service Medal and the 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 amending his DD Form 214 



to show the "United Nations Korean Service Medal," the Army Good Conduct Medal, the Korean Presidential Unit Citation, or any of the requested commemorative medals.




      _______ _   __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)                                         AR20140003888



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ABCMR Record of Proceedings (cont)                                         AR20140003888



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