IN THE CASE OF:  	  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20140013706 


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) and Silver Star and that his discharge certificate be corrected to show he was inducted in March instead of May and his last name corrected on his Certificate of Service. 

2.  The applicant states, in effect, that he was awarded the BSM and was recommended for award of the Silver Star and they are not included on his DD Form 214.  Additionally, his Honorable Discharge Certificate incorrectly reflects that he was inducted in May instead of March.  Also, his last name is spelled incorrectly on his Certificate of Service.

3.  The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, Certificate of Service, BSM Certificate, and a newspaper article from a Puerto Rico newspaper (in Spanish). 

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

3.  The applicant was inducted on 8 March 1951 and claimed conscientious objector status.  He completed his basic training at Fort Dix, New Jersey and was transferred to Fort Sam Houston, Texas where he underwent training as a medical aidman.

4.  The applicant was transferred to Korea and was assigned to the Medical Company, 65th Infantry Regiment, 3rd Infantry Division on 25 November 1951.  He participated in the United Nationals-Summer Fall and Second Korea Winter campaigns and departed Korea on 3 October 1952.

5.  He was transferred to Camp Kilmer, New Jersey where he was honorably released from active duty (REFRAD) in the rank of sergeant on 11 December 1952.  He had served 1 year, 9 months and 4 days of active service and his 
DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean Service Medal with 2 bronze service stars, Combat Medical Badge, and the United Nations Service Medal. 

6.  General Orders Number 111, issued by Headquarters, 3rd Infantry Division on 17 March 1952 awarded the applicant the BSM with “V” Device for heroism in Korea on 27 December 1951.

7.  A review of the available records failed to show any evidence of the applicant being recommended for or being awarded the Silver Star.  However, the available records show no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  The Honorable Discharge Certificate provided by the applicant shows he was inducted in May instead of March.  His Certificate of Service also shows his last name incorrectly spelled.

9.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (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. 

11.  Army Regulation 672-5-1 (Decorations and Awards), 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 the 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.  

12.  Army Regulation 600-8-22 (Military Awards) 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 with “V” device and is entitled to have that award added to his DD Form 214.

2.  However, he has failed to show through the evidence of record and evidence submitted with his application support for his contention that he was awarded the Silver Star.  Therefore, in the absence of such evidence there appears to be no basis to add the award of the Silver Star to his DD Form 214.

3.  A review of the applicant's records shows no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 8 March 1951 to 11 December 1952 and his DD Form 214 should be corrected to show this award.

4.  He also served during qualifying periods for awards of the NDSM and the ROKWSM.  Accordingly, they should be added to his DD Form 214.

5.  His Honorable Discharge Certificate incorrectly shows he was inducted in May instead of March.  Accordingly, he should be issued a corrected Honorable Discharge Certificate.

6.  His Certificate of Service reflects that the applicant’s last name is spelled improperly.  Accordingly, he should be issued a corrected Certificate of Service. 

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:

* Awarding him the AGCM (1st Award) for the period 8 March 1951 to      11 December 1952
* Adding the awards of the AGCM (1st Award), BSM with “V” Device, NDSM, and ROKWSM to his DD Form 214
* Issuing the applicant a corrected Honorable Discharge Certificate showing he was inducted in March instead of May
* Issuing him a corrected Certificate of Service showing his correct last name

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 adding the Silver Star to his DD Form 214.

3.  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)                                         AR20140013706





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ABCMR Record of Proceedings (cont)                                         AR20140013706



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