IN THE CASE OF:	  

		BOARD DATE:	  10 February 2014

		DOCKET NUMBER:  AR20140011210


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 awards, medals and training courses he says are missing, including: 

* the National Defense Service Medal (NDSM)
* the Republic of Korea (ROK) Presidential Unit Citation (ROKPUC)
* the ROK Korean Service (interpreted to mean ROK War Service Medal (ROKWSM)) 
* the U.S. Army Korean Service (interpreted to mean Korean Service Medal (KSM))
* the Korea Defense Service Medal (KDSM)
* an unknown unit citation that was awarded in December 1955, for assisting with a flood evacuation of Maryville, California
* a number of unidentified service training courses to include leadership training courses

2.  The applicant states, in effect, he wants his record to be clear and it is missing several awards, medals and service training courses that he earned and attended during his years of military service.  He was assigned to Company C, 875th Engineer Aviation Battalion.

3.  The applicant provides 2 DD Forms 214, Special Orders Number 177 dated 12 October 1954, and a Certification of Military Service issued by the National Archives and Records Administration (NARA) on 26 July 1983.

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 a majority of his records were lost or destroyed in that fire.  However, since his DD Form 214 is available it is a sufficient document for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 25 October 1948 and held military occupational specialty (MOS) 0014 (Automotive Mechanic).  On 25 March 1950, he reenlisted and was reclassified to MOS 762.10 (Supply Specialist).  On 15 February 1956, he was honorably discharged after completing 7 years, 3 months, and 21 days of net service.  The rank held at the time of his discharge was specialist two.  

4.  Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 2 years and 6 days of foreign service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for the period ending 15 February 1956, shows five campaigns with the letters "BS" (bronze star) behind them:

* United Nations (UN) Defense 
* UN Offensive
* Chinese Communist Forces (CCF) Intervention
* First UN Counteroffensive
* CCF Spring Offensive

6.  There is no documentation in the available record and he has not provided any documentation that clearly identifies:

* his unit or the exact dates of his service in the Republic of Korea
* his unit that assisted in the flood evacuation of Maryville, California in December 1955 
* his attendance at any service training courses

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The NDSM 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.

	b.  The KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized to be affixed to the KSM for each campaign a Soldier is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Korea, participation credit was awarded for the following five campaigns:

* UN Defense  (27June to 15 September 1950)
* UN Offensive  (16 September to 2 November 1950)
* CCF Intervention  (3 November 1950 to 24 January 1951)
* First UN Counteroffensive  (25 January to 21 April 1951) 
* CCF Spring Offensive  (22 April to 8 July 1951)

	c.  The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

      d.  The ROKWSM is awarded to veterans who served between 25 June 1950 and 27 July 1953 on permanent assignment for 30 consecutive days, or on temporary duty for 60 nonconsecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.



8.  Department of the Army Pamphlet (DA Pam) 672-1 (Unit Citation and Campaign Participation Credit Register) identifies units that were awarded during a certain period of time the ROKPUC by Department of the Army General Order Numbers.  The applicant states he was assigned to Company C, 857th Engineer Aviation Battalion; however, a review of DA Pam 672-1 did not identify the ROKPUC as an approved award for the 857th Engineer Aviation Battalion.  

9.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the UN during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the KSM automatically establish eligibility for the UNSM.

11.  There are no orders in his available records that show he was awarded the Army Good Conduct Medal (AGCM) because his records are very limited due to being destroyed in the NPRC fire of 1973.  

12.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show numerous awards related to his service during the Korean War; an unknown unit citation for assisting with flood evacuations in Maryville, California; and a number of unidentified service training courses to include leadership training was carefully considered.      

2.  The evidence of record confirms he served a qualifying period for award of the NDSM, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Although his exact dates of service in the ROK cannot be determined, his   DD Form 214 lists five campaigns in which he received foreign service credit.  As such, and as a matter of equity and justice, it is reasonable to conclude he served in Korea and qualifies for the following awards, which are not shown on his DD Form 214:

* KSM with 5 bronze service stars
* UNSM
* ROKWSM

Therefore, it would be appropriate to correct his DD Form 214 to show these awards.  

4.  He served honorably from 25 March 1948 to 15 February 1956.  Although his record lacks any proof he received "excellent" conduct and efficiency ratings throughout his service, he had no lost time and separated as a specialist two.  Therefore, as a matter of equity and justice, it would be appropriate to award him the AGCM (2nd Award) and to correct his DD Form 214 to show this award.

5.  The available evidence clearly substantiates his service in the ROK; however, there is no documentation nor does he provide any documentation that clearly identifies the exact dates of that service.  The KDSM was authorized to service members effective 28 July 1954.  Therefore, without confirmation of exact dates of his service in the ROK, there is no basis for granting this portion of the requested relief.  

6.  Notwithstanding his sincerity and faithful service, since his unit of assignment in the ROK cannot be determined, there is no evidence to indicate his unit was awarded the ROKPUC.  Therefore, there is no basis for granting this portion of the requested relief.  

7.  There is no evidence to indicate his unit was awarded a citation in December 1955, for assisting with a flood evacuation in Maryville, California.  Therefore, absent clarifying information that establishes his unit of assignment in December 1955, there is no basis for granting this portion of the requested relief.  

8.  In addition, there is no evidence in his records nor does he provide any evidence that clearly documents any service training courses to include 

leadership training that may have been omitted from his DD Form 214.  Therefore, absent evidence to the contrary, there is no basis for granting this portion of the requested relief.  

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  25 October 1948 – 24 October 1951 and for the Army Good Conduct Medal (2d Award) for the period 25 October 1951 – 24 October 1955; and

   b. amending item 27 of his DD Form 214 for the period ending 15 February 1956 to add the following awards:

* National Defense Service Medal 
* Korean Service Medal with 1 silver service star 
* United Nations Service Medal
* Republic of Korea War Service Medal 
* Army Good Conduct Medal (2nd Award)

2.  The Board further determined 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 correcting the applicant's DD Form 214 to show the Korean Defense Service Medal, the Republic of Korea Presidential Unit Citation, an unknown unit citation attributed to the Maryville, California flooding 

evacuation, and the inclusion of unidentified service training and leadership courses.  



      _______ _   _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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20140011210



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