IN THE CASE OF:  
	  

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140018616 


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 3 additional bronze service stars for wear on his already-awarded Korean Service Medal
* award of the Army Good Conduct Medal

2.  The applicant states, in effect, he was awarded the Korean Service Medal with 3 bronze service stars for participation in the United Nations (UN) Defensive Campaign, UN Offensive Campaign, and Chinese Communist Forces (CCF) Intervention Campaign, but should have also received bronze service stars for participation in the First UN Counteroffensive Campaign, CCF Spring Offensive, and the UN Summer-Fall Offensive Campaign.  In addition, he should have received the Army Good Conduct Medal.  He served in Korea with the 5th Infantry Regiment from August 1950 through July 1951.

3.  The applicant provides his DD Form 214 and a page titled Korean Service Medal.

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 the applicant's records were lost or destroyed in that fire.  However, the applicant's reconstructed record contains numerous documents which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 2 December 1948.  His WD AGO Form 24A (Service Record) shows he served in Korea from 20 August 1950 to 17 July 1951 while assigned to the 72nd Engineer Combat Company, 5th Infantry Regiment.  He was promoted to the rank of sergeant (SGT) on 2 June 1951.  

4.  He was honorably discharged on 10 August 1951 in the rank of SGT.  He completed 2 years, 8 months, and 9 days of creditable active service with no lost time. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows award of the Korean Service Medal and the “UN Defensive Campaign, CCF Intervention Campaign, UN Offensive Campaign.”  This should have been listed as the Korean Service Medal with 3 bronze service stars.

6.  Section 24 (Indorsements) of his WD AGO Form 24A shows he had all "excellent" conduct and efficiency ratings throughout his service except for the dates below when he was received "unknown" ratings while assigned as follows:

* 6 - 8 July 1949, Pipeline Replacement Center, HI
* 28 July - 20 August 1950, 25th Replacement Center, HI
* 12 - 14 July 1951, 8086th Replacement Battalion, Korea
* 22 - 22 July 1951, HQ, Replacement Battalion, Fort Lawton, WA

7.  His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Unknown ratings did not preclude a member from receiving the Army Good Conduct Medal. 

9.  Item 32 (Qualification in Arms) of his WD AGO Form 20 (Soldier's Qualification Card) shows he qualified as sharpshooter with the M-1 rifle.

10.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  National Defense Service Medal 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.  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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	c.  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.

	d.  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 is authorized with this award for each campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of his records shows that during his service in Korea he participated in six campaigns.

11.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 72nd Engineer Combat Company was cited for award of the Republic of Korea Presidential Unit Citation for the period 31 July 1950 to 27 July 1953 by DA General Orders (DAGO) 49, dated 1954.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms during the applicant’s service in Korea he participated in six campaigns.  Therefore, he is entitled to 3 additional bronze service stars for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 accordingly.

2.  He served honorably during the period 2 December 1948 through 10 August 1951.  He served in the Korean War, attained the rank of SGT, and received all "excellent" conduct and efficiency ratings throughout his military service, except for the "unknown" ratings he received when he was temporarily at a replacement center.  His reconstructed record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. 

3.  His WD AGO Form 20 confirms he qualified as sharpshooter with the M-1 Rifle.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  He served in Korea during a qualifying period for award of the National Defense Service Medal, Republic of Korea War Service Medal, and the United Nations Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards

5.  His unit in Korea was awarded the Republic of Korea Presidential Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

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: 

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 December 1948 through 10 August 1951
* deleting the entry in item 27 of his DD Form 214
* adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korean Service Medal with 1 silver service star and 1 bronze service star
* Republic of Korea War Service Medal
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)



      _______ _   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)                                         AR20140018616



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ABCMR Record of Proceedings (cont)                                         AR20140018616



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