BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140012259 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation.

2.  The applicant states he was assigned to the 502d Military Intelligence (MI) Battalion.  The Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation were earned by the 502d MI Battalion during its service in Korea, during the Korean War.  All uniformed members of the 502d MI Battalion were wearing these commendations during his period of service from 1969 to 1970 even though some of these personnel had not served during the Korean War.  It was “an homage” to the unit.  It is his understanding that a Soldier may wear these decorations while attached to the unit.  His commanding officer placed the Meritorious Unit Commendation in his hand shortly before he left Korea.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from the National Personnel Records Center, dated 27 June 2014.

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 enlisted in the Regular Army on 29 January 1968.

3.  He served in Korea from 11 January 1969 to 4 September 1970.  He was assigned to Company C, 502d MI Battalion, from 13 January 1969 to 4 September 1970.

4.  He was honorably released from active duty on 5 September 1970.  His DD Form 214 shows:

* he completed 2 years, 7 months, and 7 days of active service
* he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for World War II and the Korean War.  It assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet shows the 502d MI Battalion was awarded the:

* Meritorious Unit Commendation for service from 1 September 1952 to 27 July 1954 by Department of the Army General Orders Number 14, dated 1955
* Republic of Korea Presidential Unit Citation (Headquarters only) for service from 2 July 1952 to 7 July 1953 by Department of the Army General Orders Number 70, dated 1953

6.  Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 7-2 (Announcement of Unit Awards) states all unit awards approved by Headquarters, Department of the Army, will be announced and confirmed in Department of the Army general orders.  An approved unit award is for the designated unit and is authorized to members of that unit who participated in the cited action.  Personnel who did not participate in the designated action but who are assigned to the cited unit are authorized temporary wear of the unit award.  Additional information for wearing unit award emblems is contained in Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).

7.  Army Regulation 670-1 prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia as worn by officers and enlisted personnel of the Active Army and the U.S. Army Reserve, as well as by former Soldiers.  The criteria for temporary and permanent wear of unit awards is governed by Department of the Army Pamphlet 670-1 (Guide to Wear and Appearance of Army Uniforms and Insignia) and Army Regulation 600-8-22.

8.  Department of the Army Pamphlet 670-1 contains procedural guidance for wear of uniforms, awards, insignia, and accouterments.

	a.  Paragraph 22-5(b) (U.S. Unit Awards) states a unit award is given to an operating unit and is worn by members of that unit who participated in the cited action.  Personnel who did not participate in the cited action but who are assigned in the cited unit are authorized temporary wear of some unit awards.  U.S. unit awards authorized for wear on Army uniforms are listed in their order of precedence.

	b.  Paragraph 22-5(h) (Foreign Unit Awards) states foreign unit awards are authorized for wear on the Army uniform when at least one U.S. decoration, service medal, or ribbon is worn at the same time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the 502d MI Battalion in Korea from 13 January 1969 to 4 September 1970.

2.  Department of the Army general orders awarded the 502d MI Battalion the Meritorious Unit Commendation for service from 1 September 1952 to 27 July 1954 and the Republic of Korea Presidential Unit Citation (Headquarters only) for service from 2 July 1952 to 7 July 1953.

3.  Personnel who did not participate in the designated action(s) but who are assigned to the cited unit are authorized temporary wear of the unit award(s).  Because he was not assigned to the 502d MI Battalion during the cited periods and did not participate in the designated actions, he was only authorized temporary wear of any unit awards while assigned to that unit.

4.  He does not meet the eligibility criteria for permanent award of the Meritorious Unit Commendation and Republic of Korea Presidential Unit Citation.  As such, these unit awards are not authorized for entry on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  __x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20140012259



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ABCMR Record of Proceedings (cont)                                         AR20140012259



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