BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140014843
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 records to show his authorized awards.
2. The applicant states he believes he is authorized additional awards that are not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides a copy of his DD Form 214 and letter from a county veterans claims officer.
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 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows:
a. he was inducted on 26 February 1952.
b. he was separated on 9 February 1954 as a corporal.
c. He had completed 1 years, 11 months and 14 days of net service for pay with 1 year, 5 months, and 14 days of foreign service.
d. He was awarded the National Defense Service Medal.
4. There is no record of disqualification for the Army Good Conduct Medal.
5. The OTSG files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape. The SGO files show he was hospitalized in Korea in March and April 1952 for two medical conditions.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign. During his service in Korea, the applicant participated in the following campaign: Second Korean Winter 28 November 1951-30 April 1952.
b. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
c. 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.
7. 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 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. A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial.
DISCUSSION AND CONCLUSIONS:
1. There is no record of lost time and his progression to the rank of corporal indicates it is reasonable to presume he had qualifying conduct and efficiency ratings. Therefore, he should be awarded the Army Good Conduct Medal (1st Award).
2. The applicant served a qualifying period of service for award of the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Republic of Korea War Service Medal.
3. His DD Form 214 should be corrected to show these awards.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. awarding him the Army Good Conduct Medal (First Award) for the period 26 February 1952 to 9 February 1954; and
b. adding to his DD Form 214 the
* Army Good Conduct Medal (1st Award)
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Republic of Korea War Service Medal
____________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) AR20110006568
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ABCMR Record of Proceedings (cont) AR20140014843
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