IN THE CASE OF:    

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140010076 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show any and all awards and decorations he was awarded during his term of service.

2.  The applicant states, in effect, his records while serving in the Korean War were not accurately kept.  Initially, when he applied for benefits from the Department of Veterans Affairs (VA) he found there were no records of his military service.  He was later able to find his DD Form 214.

3.  The applicant provides a DD Form 214 and a letter of support.

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 records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the DD Form 214 provided by the applicant is sufficient to serve in place of a reconstructed record.

3.  The available records show the applicant enlisted in the Regular Army on 13 July 1948.  At the time of his separation, he held military occupational specialty (MOS) 3666 (Medical Aidman) and his rank/grade was that of sergeant/E-5.  

4.  He was honorably discharged on 16 April 1952.  The DD Form 214 he was issued shows:

	a.  item 24 (Total Net Service Complete for Pay Purposes), a period of 3 years, 11 months, and 4 days. 

	b.  item 26 (Foreign and/or Sea Service), a period of 1 year, 6 months, and 9 days.

	c.  item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized:

* Army Occupation Medal (Japan)
* Korean Service Medal with four bronze service stars
* United Nations Ribbon (now titled the United Nations Service Medal)

	d.  item 28 (Most Significant Duty Assignment), Medical Company, 31st Infantry Regiment.

	e.  item 38 (Remarks), "No time lost under Section 6(a), Appendix 2b, Manual for Courts-Martial (MCM) 1951."  The exact dates of service in Korea are not stated.

5.  The applicant provides a letter of support from a retired Army colonel who served with him in Korea.  He essentially states:

	a.  He and the applicant were assigned to the 2nd platoon, Medical Company, 31st Infantry Regiment from 1949 through the summer of 1951.  They were stationed in Japan when the Korean War broke out and, in September 1950, they were deployed to Inchon, Korea.  As a result of the Inchon campaign, the medical personnel assigned to the 31st Infantry were awarded the Combat Medical Badge.  The applicant was, however, inadvertently overlooked.
	b.  After Inchon, they were sent north in support of the Chosin Reservoir campaign.  Early in the Chosin campaign, the 31st Infantry Medical Company was ambushed, and the command structure, plus most of the assigned personnel, were killed.  Prior to the ambush, the unit commander had ordered all records destroyed so they would not fall into the hands of the Communist Chinese forces; as such all records of the applicant's awards were lost.

	c.  He and the applicant saw continued action until the applicant returned to the U.S. in mid-1951.  Based upon their service together, the writer believes the applicant should be eligible to receive the following awards and decorations:

* Good Conduct Medal
* National Defense Service Medal
* Presidential Unit Citation (1st Oak Leaf Cluster)
* Army of Occupation Medal - Japan [already shown on the applicant's DD Form 214]
* Korean Service Medal with four bronze service stars [already shown on the DD Form 214]
* Republic of Korea Presidential Unit Citation
* United Nations Service Medal [already shown on the DD Form 214]
* Combat Medic Badge

6.  Army Regulation 600-8-22 (Military Awards) provides guidance on awards and decorations.

	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.  It can be awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	c.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.


7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of their military service at the time of separation.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) records campaigns and unit citations for World War II and Korea.  It shows the 31st Infantry Regiment was awarded the:

	a.  Meritorious Unit Commendation for the period 1 January 1952 to 1 August 1952 in Department of the Army General Order (DAGO) 10, 1953.

	b.  Republic of Korea Presidential Unit Citation for the period 15 September 1950 to 27 September 1950 in DAGO 35, 1951.

	c.  Republic of Korea Presidential Unit Citation for the period 30 September 1950 to 27 July 1953 in DAGO 22, 1956.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to reflect all awards and decorations for which he was authorized for his service during the Korean War.  

2.  Presumably speaking on the applicant's behalf in a letter of support, a member of the applicant's former unit, a retired Army colonel, contends the applicant served as a medic in combat during the Korean War from on or about September 1950 to mid-1951.  Based on his understanding of the applicant's service, he should be eligible for the following awards not currently shown on his DD Form 214:

* Army Good Conduct Medal
* National Defense Service Medal
* two awards of the Presidential Unit Citation
* Combat Medical Badge

2.  Although records are not available, the applicant's DD Form 214 shows he was discharged in the rank of sergeant.  Additionally, there is no record shown of any time lost.  Army Regulation 600-8-22 states, while not automatic, disqualification for the award of the Army Good Conduct Medal must be justified.  Were the applicant involved in misconduct, it is not likely he would have attained and maintained the rank of sergeant or possibly received an honorable discharge.  Given this, it would be appropriate to award him the Army Good Conduct Medal for the period 13 July 1948 through 12 April 1951.

3.  The applicant has qualifying service to be awarded the National Defense Service Medal.  His records should therefore be corrected to reflect this award.

4.  The DD Form 214 clearly shows he was assigned to Medical Company, 31st Infantry Regiment while deployed in Korea.  The evidence is insufficient, however, as to the exact dates of assignment.  Without these dates, it is difficult to make a firm determination as to any unit awards for which he may qualify.  

5.  Despite this, there is one unit award for which he is likely qualified.  This would be for the Republic of Korea Presidential Unit Citation for the period 30 September 1950 to 27 July 1953 in DAGO 22, 1956.  His qualification is based on the fact his DD Form 214 shows 1 year, 6 months, and 9 days foreign service, he was assigned to the 31st Infantry Regiment while in Korea, and was discharged from the Army in April 1952.  His likely dates of assignment necessarily fall within the timeframe of the citation.

6.  There is insufficient evidence to support the award of the Combat Medical Badge.  The applicant meets two of the criteria for the award:  he held a medical MOS and was assigned to a medical unit that was organic to an infantry regiment.  A key requirement, however, is evidence he was personally present and under fire when his unit was engaged in ground combat.  Although the applicant was awarded 4 bronze service stars for participation in 4 campaigns, Army Regulation 600-8-22 states battle campaign credit is not sufficient to justify its award.  

7.  This in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 13 July 1948 through 12 July 1951.

	b.  adding to his DD Form 214 the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation for the period 30 September 1950 to 27 July 1953

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 Combat Medical Badge or to any other unit awards or citations.  




      _______ _   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)                                         AR20140010076





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ABCMR Record of Proceedings (cont)                                         AR20140010076



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