BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005818 


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 that his award of the Bronze Star Medal with "V" Device be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states that he received the award of the Bronze Star Medal with “V” Device after his discharge and it was never added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and orders awarding him the Bronze Star Medal with "V" Device.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 25 January 1951 for a period of 3 years.  He completed his infantry and airborne training and was assigned to Fort Bragg, North Carolina for his first assignment.

4.  On 23 October 1952 he was transferred to Fort Lawton, Washington where he was shipped to Camp Drake, Japan on 17 November 1952.  On 5 December 1952, he was transferred to Korea for assignment to Company I, 7th Infantry Regiment, 3rd Infantry Division.

5.  He departed Korea on or about 5 November 1953 and was honorably discharged in the rank of sergeant first class (E-6) on 27 November 1953.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, Combat Infantryman Badge, and Parachutist Badge.  He had served 2 years, 10 months, and 3 days of active service that period.

6.  On 17 November 1953, General Orders Number 484, issued by Headquarters, 3rd Infantry Division awarded the applicant the Bronze Star Medal with "V" Device for heroism on 25 June 1953.

7.  A review of the available records shows that he had “excellent” character and efficiency ratings throughout his service and his last commander favorably recommended him for award of the Army Good Conduct Medal.  There is no lost time or indication of any derogatory information in the available records. 

8. Army Regulation 600-65 (Service Medals), 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.  
 
9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea.  This pamphlet shows the applicant’s unit was cited for awards of the Republic of Korea Presidential Unit Citation (ROKPUC) and the Bravery Gold Medal of Greece during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal with “V” Device and is entitled to have that award added to his DD Form 214.

2.  The applicant had “excellent” character and efficiency ratings throughout his service and no evidence or any derogatory information that would serve to disqualify him for award of the AGCM (1st award).  Accordingly, he should be awarded the AGCM (1st award) for the period 25 January 1951 to 27 November 1953.   

3.  The applicant’s unit was also awarded the ROKPUC and Bravery Gold Medal of Greece during the period he served with the unit.  Accordingly, they should be added to his DD Form 214 at this time.

4.  Additionally, the applicant served during a qualifying period for award of the ROKWSM.  Accordingly, it should be added to his DD Form 214 at this time.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the AGCM (1st award) for the period 25 January 1951 to 
27 November 1953   
* Adding the awards of the AGCM (1st award), Bronze Star Medal with "V " Device, ROKWSM, ROKPUC, and Bravery Gold Medal of Greece to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  
The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140005818





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ABCMR Record of Proceedings (cont)                                         AR20140005818



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