BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140012716 


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:

* Delete "(Westchester)" from item 20 (Home Address at Time of Entry into Active Service) (Street, Rural Free Delivery, City, County, and State)
* Show in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM) and the Presidential Unit Citation (PUC)
* Show in item 31 (Service Training Courses Successfully Completed) Morse Code
* Show in item 38 (Remarks) his blood type as "B negative"
* Show in item 46 (Non-Service Education) (Degree) Associate in Applied Science (AAS)

2.  He states he did not look at his DD Form 214 until a month ago and found the above errors and/or omissions. 

3.  He provides:

* DD Form 214
* Two photographs
* Orders 16, dated 14 February 1953
* Blood Donor Certificate
* Degree certificate, dated 1 February 1952
* DA Form 1577 (Authorization for Issuance of Awards)
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 to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applican's records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and his DD Form 214.

3.  Records available to the Board show the applicant enlisted in the Regular Army on 25 January 1952.  He served 2 years, 11 months, and 5 days on active duty of which 2 years and 9 days was listed as foreign service.  He was honorably released from active duty service on 29 December 1954 in the grade of sergeant (SGT) (temporary) with a date of rank of 14 August 1954.

4.  His DD Form 214 shows in:

* Item 20 ". . . Bronx (Westchester) NY"
* Item 27 the:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal

* Item 28 (Most Significant Duty Assignment) 1676 Field Station 8609 Air Ambulance Unit (AAU) (which may have been in Otsu, Japan)
* Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) he completed the 23-week Morse Code Course at Fort Devens, MA in 1952 
* Item 31 the entry "None"
* Item 38 the entry "Blood Type B"
* Item 46 the entry "None"
5.  The available evidence contains no indication that the applicant committed any infractions which would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his active duty unit commanders.  Additionally, item 38 of his DD Form 214 contains an entry confirming he had no lost time.

6.  The applicant provides:

   a.  A Blood Donor Certificate indicating that he donated blood on 6 June 1952 and showing his blood group as "B Negative."

   b.  A State University of New York certificate that shows he was conferred for an AAS degree on 7 December 1952.  

   c.  Special Orders Number 16, dated 14 February 1953, issued by Headquarters, Field Station 8610, AAU, awarding him primary military occupational specialty (MOS) of 1799 (Radio Communication Interceptor).  

   d.  DA Form 1577 indicating that he was authorized to be issued the:  Army Good Conduct Medal, Korean Service Medal, United Nations Service Medal, and National Defense Service Medal.

7.  Information obtained from the internet shows the Bronx Borough shares the same boundaries with Bronx County, NY.
http://en.wikipedia.org/wiki/List of counties in New York

8.  Army Regulation 672-5-1 (Awards), 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served during the Korean War.  This pamphlet does not show that the unit to which the applicant was assigned, 1676 Field Station, was cited for award of the Presidential Unit Citation during his service with this unit or at any time during his service in Korea. 

10.  Army Regulation 600-8-22 (Military Awards), states that the Republic of Korea War Service Medal 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 prescribed must have been performed as follows:  (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence or record shows the Bronx Borough shares the same boundaries with Bronx County, NY.  Therefore, the applicant's DD Form 214 should be corrected to show his home address as "Bronx" as the county in New York.

2.  The evidence shows he had no lost time during his service in the military and achieved the temporary rank of SGT.  Lacking any derogatory information or a formal disqualification from any of his active duty unit commanders, it is concluded that his honorable active duty service qualified him for the first award of the AGCM.  Therefore, in the interest of equity, it would be appropriate to award him the AGCM for the period 25 January 1952 to 29 March 1954 at this time.

3.  There is no evidence and the he did not provide any to show that the 
1676 Field Station was cited for award of the Presidential Unit Citation at any time during his period of service in Korea.  In fact, the evidence suggests that 1676 Field Station, 8609 AAU may have been in Otsu, Japan.  Therefore, there is insufficient evidence to add this unit award to his DD Form 214.

4.  His DD Form 214 shows he completed a 23-week Morse Code Course in 1952.  Therefore, his DD Form 214 is correctly annotated and there is no need for further correction.

5.  The evidence of record shows the applicant's blood type as "B negative."  It also shows he was awarded an AAS degree.  Therefore, his DD Form 214 should be corrected accordingly.  

6.  Although the exact dates of his service in the Republic of Korea are unknown, the evidence of record shows he served 2 years and 9 days of foreign service, presumably in Korea.  Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Korea War Service Medal.

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 AGCM (1st Award) for the period 25 January 1952 to   29 December 1954;
   	
	b.  deleting from item 20 of his DD Form 214 "(Westchester)" and replacing it with "(Bronx)";

	c.  deleting from item 38 and 46 of his DD Form 214 "B" and "None," respectively, and adding "B negative" and "AAS"; and

	d.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Republic of Korea War Service Medal.

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 awarding him the Presidential Unit Citation and adding service training course of Morse Code.  



      _______ _  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)                                         AR20140012716





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ABCMR Record of Proceedings (cont)                                         AR20140012716



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