IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140021311


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, in effect, correction of his:

* DD Form 214 (Report of Separation from the Armed Forces of the United States) dated 18 July 1951 to show he was:

* discharged in Sasebo, Japan as a member of Company B, 1st Battalion, 27th Regimental Combat Team (RCT) (Wolfhounds), under the 25th Infantry Division that crossed the Han River in Korea on 7 March 1951
* awarded the Presidential Unit Citation (PUC) while attached to the 25th Infantry Division
* awarded the Distinguished Service Cross (DSC)
* awarded the Korean Service Medal (KSM) with five bronze service stars
 
* DD Form 214, dated 18 July 1957, block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show he received the Bronze Star Medal (BSM) with "V" Device
* DD Form 214, dated 22 September 1963 to show he was awarded the Army Commendation Medal (ARCOM)

2.  The applicant states:

   
   
   a.  He is a 90 year old retired Army Soldier who is very proud of his service in the Army.  
   
   b.  Although he is aware of the fire in 1973 that destroyed military records, he would like to have his records corrected to show several omissions.  
   
   c.  He entered the Army in Washington, D.C. on 29 April 1946 and was discharged on 18 July 1951 at the Replacement Pipeline Battalion in Sasebo, Japan.  However, it does not show that he served his entire enlistment with the 25th Infantry Division as a member of Company B, 1st Battalion, 27th Infantry, RCT (Wolfhounds) that crossed the Han River in Korea on 7 March 1951.
   
   d.  He is checking the status of the DSC he was supposed to receive.  He states he was recommended for the DSC for volunteering to return and tell tanks of the 89th Tank Battalion to stay in place for an additional two hours while his unit was withdrawing.  He did so under artillery fire and was supposed to receive the DSC for his actions.  
   
   e.  He spoke to a friend of his who claims he should have received the KSM with five bronze stars.
   
   f.  He has been trying to correct his records for years without any success.

3.  The applicant provides copies of his DD Forms 214 and his Statement of Service covering the period 13 September 1943 to 30 September 1968.

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 the applicant's 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.  On 13 September 1943, the applicant was inducted into the Army of the United States.  After initial training, he was awarded military occupational specialty 924 (Bomb Disposal Technician). 

4.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that on 28 March 1946 he was honorably discharged.  He was assigned to the Explosive Ordnance Disposal (EOD) unit.   Item 33 (Decorations and Citations) shows he was awarded the:

* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Army Good Conduct Medal (AGCM)
* World War II Victory Medal

5.  On 29 April 1948 he enlisted in the Regular Army (RA) and was honorably discharged on 18 July 1951 for immediate reenlistment the following day.  At that time, he was assigned to the Replacement Battalion in Sasebo, Kyushu, Japan.  The DD Form 214 issued at that time shows in:

   a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

        * Combat Infantryman Badge (CIB)
        * KSM with three bronze service stars
        * Meritorious Unit [Commendation] 
        * Republic of Korea Presidential Unit Citation 
        * Army of Occupation Medal (Japan)

b.  Item 28 (Most Significant Duty Assignment): Replacement Battalion 
(Pipeline).

6.  His DA Form 20 (Enlisted Qualification Record), item 39 (Campaigns) shows he participated in five campaigns in Korea from 13 July 1950 to 22 November 1950 and from 20 December 1950 to 8 July 1951.

7.  On 19 July 1951 he reenlisted in the RA and was honorably discharged on 
18 July 1957.  The DD Form 214 issued at that time shows he was awarded the BSM.

8.  General Orders Number 514, Headquarters, 25th Infantry Division, dated 
6 September 1951, show he was awarded the BSM with “V” Device for heroic achievement in connection with military operations against the enemy of the U.S.

9.  On 23 September 1957 he enlisted in the RA and was honorably discharged on 22 September 1963.  The DD Form 214 issued at that time shows he was awarded the:

* AGCM (2nd Award)
* EOD Badge
* Expert Marksmanship Qualification Badge (Pistol)

10.  A DA Form 638 (Recommendation for Award) shows that on 18 June 1963 he was awarded the ARCOM while assigned to the 548th Ordnance Detachment.  

11.  On 23 September 1963 he reenlisted in the RA and on 30 September 1968, he retired and transferred to the U.S. Army Reserve (USAR).  The DD Form 214, issued at that time shows he was awarded the:

* AGCM (3rd and 4th Award)
* National Defense Service Medal (NDSM) with Oak Leaf Cluster
* EOD Specialist Badge
* EOD Supervisor Badge

12.  A DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he served with Company B, 1st Battalion, 27th RCT (Wolfhounds), 25th Infantry Division under the 168th Ordnance Detachment, U.S. Army Europe from 8 August 1963 to 16 July 1966. 

13.  The applicant's reconstructed record does not contain orders awarding him the DSC or any evidence indicating he was recommended for that award.

14.  Army Regulation 600-8-22 (Military Awards) states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the DSC to an individual.

15.  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.

16.  Army Regulation 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.  A bronze service star is awarded for each campaign period or a silver service star in lieu of five bronze stars. He served in Korea during five campaigns.

17.  Army Regulation 600-45, paragraph 12 governed the award of the DSC at the time.  The regulation states that the DSC is awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by extraordinary heroism in connection with military operations against an armed enemy.  Paragraph 12b states the standards for this award as "The act or acts of heroism performed must have been so notable and have involved the risk of life so extraordinary as to set the individual apart from his or her comrades."

18.  The Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Additional unit awards are included for meritorious achievement in the continental U.S (CONUS) and other foreign countries.  Review of the DA PAM failed to show the applicant was assigned to a unit during a period for which the unit was awarded the PUC.  

19.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

20.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to show that the applicant was recommended for or awarded the DSC or that he was assigned to a unit during a period for which the unit was awarded the PUC.

2.  While the available evidence is insufficient for awarding the applicant a DSC, this in no way affects his right to pursue his claim for the DSC by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant’s DD Form 214 dated 18 July 1951 shows item 28 as Replacement Battalion (Pipeline).  However, the applicant requests to have item 28 changed to Company B, 1st Battalion, 27th RCT (Wolfhounds), 25th Infantry Division as his most significant assignment.  The evidence supports his request.  His most significant assignment during the period in question would have been his combat unit, not a replacement battalion.

4.  The applicant’s record shows he served in Korea during five campaigns from 13 July 1950 to 22 November 1950 and from 20 December 1950 to 8 July 1951.

5.  The applicant served in Korea from 1950 to 1951 during war time which authorized him the ROKWSM.

6.  General Orders Number 514, Headquarters, 25th Infantry Division, dated 
6 September 1951, shows he was awarded the BSM with “V” Device while attached to Company B, 1st Battalion, 27th RCT (Wolfhounds), under the 25th Infantry Division.

7.  A DA Form 638 (Recommendation for Award) shows that on 18 June 1963, he was awarded the ARCOM while assigned to the 548th Ordnance Detachment.  








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:

* deleting the entry in item 28 of his DD Form 214 dated 18 July 1951
* adding to item 28 of his DD Form 214 dated 18 July 1951 the entry "Company B, 1st Battalion, 27th RCT (Wolfhounds), 25th Infantry Division"
* deleting “BSM” from item 26 of his DD Form 214 dated 18 July 1957
* adding to his DD Form 214 dated 18 July 1957 the: 

* BSM with “V” Device
* ROKWSM
* KSM with one silver service star

* adding to his DD Form 214 dated 22 September 1963 the ARCOM

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief by correcting his record to show the DSC or the PUC.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during a career that included service in World War II and 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)                                         AR20140014083



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ABCMR Record of Proceedings (cont)                                         AR20140021311


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