IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140010125 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his awards of the Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM), and National Defense Service Medal (NDSM).

2.  The applicant states that his awards of the BSM, AGCM, and NDSM were never added to his DD Form 214.

3.  The applicant provides copies of orders awarding him the BSM, orders awarding his unit the Presidential Unit Citation (PUC), DD Form 214, and a letter from the National Personnel Records Center (NPRC) authorizing the shipment of medal sets for the BSM, AGCM, NDSM, Korean Service Medal, and United Nations Service Medal. 

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 (NPRC) in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 23 February 1951.  He completed his training as a metal body repairman and was transferred to Korea for assignment to Headquarters, X Corps.

4.  General Orders Number 277, issued by Headquarters, X Corps on 13 August 1952 awarded the applicant the BSM for meritorious service in Korea during the period 2 September 1951 to 12 July 1952.  He was promoted to the rank of sergeant (SGT) on 2 June 1952.

5.  On 24 November 1952, the applicant was honorably released from active duty in the rank of SGT at Camp Atterbury, Indiana.  He had served 1 year, 9 months, and 2 days of active service of which 1 year and 1 day were foreign service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  He had no lost time.

6.  On 14 January 2013, the NPRC authorized the issuance of medal sets to the applicant for awards of the BSM, AGCM, NDSM, Korea Service Medal with two bronze service stars, and United Nations Service Medal. 

7.  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 awarded the Republic of Korea Presidential Unit Citation (ROKPUC) for the period during which he served with the unit.

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, except that ratings of “Unknown” for portions of the period under consideration, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM in duly-authenticated orders and is entitled to have that award added to his DD Form 214.

2.  He served during a qualifying period for award of the NDSM and is entitled to have that award added to his DD Form 214 as well.  

3.  The applicant served during a qualifying period for award of the ROKWSM.  Accordingly, he should be issued the ROKWSM and it should be added to his DD Form 214.

4.  While there are insufficient records to determine his qualifications for award of the AGCM, it is reasonable to presume that he was eligible for that award given the fact that he was REFRAD in the rank of SGT and had no lost time.  Accordingly, that award should be added to his DD Form 214 as well.

5.  Additionally, his unit was awarded the ROKPUC during the period he served with the unit (X Corps) and he is entitled to have that award added to his DD Form 214.







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:

* Issuing the applicant the ROKWSM
* Adding the awards of the BSM, NDSM, AGCM, ROKWSM, and ROKPUC to his DD Form 214

2.  The Board wants the applicant and all others to know that 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)                                         AR20140010125





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ABCMR Record of Proceedings (cont)                                         AR20140010125



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