BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160003334 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160003334 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 adding award of the Korea Defense Service Medal to his DD Form 214. 2. The Board further determined 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 award of the Korean Service Medal and Presidential Unit Citation. __________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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160003334 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 of Discharge) to show earned awards to include: * Presidential Unit Citation * Korea Defense Service Medal * Korea Duty Medal (presumed to be the Korean Service Medal) 2. The applicant states his DD Form 214 does not show his authorized awards. He explains, in detail, receiving a letter of commendation from his commanding officer while assigned to Headquarters and Headquarters Company, U.S. Army Port Inchon, Korea, from 28 September 1959 through 30 September 1960. He also states he received a certificate of achievement from Major General T____ who is also wearing the same unit award on his uniform while assigned to 249th General Hospital from 27 October 1960 through 23 April 1962. 3. The applicant provides: * commendation letter, dated 27 September 1960 * certificate of achievement * photographs of himself in front of several buildings that display the unit name of U.S. Army Port Inchon * photocopy of a news article of him receiving a commendation letter and both he and Major General T____ wearing the same unit award on their uniforms 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 enlisted in the Regular Army on 13 March 1959. 3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned to Headquarters and Headquarters Company, U.S. Army Port Inchon, and 2d Transportation Terminal Command (Terminal B), Korea, from 28 September 1959 to 29 September 1960. 4. His final assignment was with the 249th General Hospital, Fitzsimons General Hospital, Denver, CO, from 27 October 1960 to 23 April 1962. 5. He was released from active duty effective 23 April 1962. His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine Bar, Army Good Conduct Medal, and a Letter of Commendation. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 is authorized for each designated campaign period. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility. c. The Presidential Unit Citation (Army), (formerly known as the Distinguished Unit Citation), is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign. The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual. Extended periods of combat duty or participation in a large number of operational missions, either ground or air, is not sufficient. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for World War II and the Korean War. It assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War. This pamphlet shows the 249th General Hospital was awarded a Foreign Unit Citation for the period 7 December 1941 to 10 May 1942 or 17 October 1944 to 4 July 1945 in Department of the Army General Orders Number 47, dated 1950. This unit was not awarded the Presidential Unit Citation (formerly known as the Distinguished Unit Citation). 3. Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia) states a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited. When a Soldier is permanently awarded a unit award and is subsequently assigned to a unit that has received the same unit award, the Soldier will wear the permanent award in lieu of the temporary unit award. Other personnel serving in the cited unit but who were not assigned to the unit during the action may be authorized temporary wear of the award. DISCUSSION: 1. The applicant contends his DD Form 214 should show he was awarded the Presidential Unit Citation, Korea Defense Service Medal, and Korean Service Medal. 2. He served more than 30 consecutive days in Korea from 28 September 1959 to 29 September 1960. 3. He completed a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not show this medal. 4. However, he did not complete a qualifying period of service for award of the Korean Service Medal. He is not authorized this medal. 5. Although the applicant was assigned to 249th General Hospital, Fitzsimons General Hospital, from 27 October 1960 to 23 April 1962, the Presidential Unit Citation was not awarded to this unit for that period of service. He is not authorized permanent wear of this unit award. Personnel serving in the cited unit but who were not assigned to the unit during the action may be authorized temporary wear of the award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003334 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003334 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2