RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2005 DOCKET NUMBER: AR20050001114 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. John J. Wendland, Jr. Analyst The following members, a quorum, were present: Ms. Barbara J. Ellis Chairperson Mr. Hubert O. Fry, Jr. Member Mr. Robert Rogers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the American Defense Service Medal and Good Conduct Medal. 2. The applicant states, in effect, that Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) is missing the two awards and he would like the document corrected so that it properly reflects his record of military service. 3. The applicant provides a copy of his DD Form 214, a self-authored statement, and a National Personnel Records Center letter, dated 10 January 2005, advising him to apply to this agency for correction of his military records. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 5 December 1952, the date of his separation from active duty. The application submitted in this case is dated 16 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Available records essentially consist of the applicant's DD Form 214. 4. Applicant's DD Form 214 shows that he entered active duty on 5 March 1951 and served overseas as an infantryman for 11 months and 16 days. Available records show that he was assigned to Company G, 279th Infantry Regiment while in Korea. This document shows that the applicant had no lost time during his military service and that he was separated under honorable conditions on 5 December 1952. 5. The applicant's DD Form 214 shows in Item 27 that he was awarded the United Nations Service Medal, Korean Service Medal with 2 bronze service stars, and the Combat Infantryman Badge. 6. Available records fail to show that the applicant was awarded the American Defense Service Medal or the Good Conduct Medal. 7. The applicant provides a copy of his DD Form 214 and a self-authored statement in which he requests that his discharge document be corrected to show the awards that he is entitled to for his military service. 8. Review of the applicant's records reveals that he may be entitled to additional awards which are not shown on his DD Form 214. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 279th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army, General Orders Number 30; 1954. 11. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible U.S. veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. 12. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge document (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A fact sheet and request form has been provided to the applicant. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the ABCMR to add this foreign award to his DD Form 214. 13. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. 14. Army Regulation 600-65 (later superseded by Army regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals. It stated that 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 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. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he is entitled to the American Defense Service Medal and Good Conduct Medal based upon his military service during the period 5 March 1951 to 5 December 1952. 2. Evidence of records fails to show that the applicant served on active duty in the American Theater during the period between 8 September 1939 and 7 December 1941 for a period of 12 months. Therefore, he is not entitled to award of the American Defense Service Medal. 3. The applicant is entitled to the first award of the Good Conduct Medal for the period 5 May 1951 through 5 December 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award. 4. The applicant's DD Form 214 shows he served a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to have his records corrected to show award of the National Defense Service Medal. 5. General Orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation. Therefore, it would be appropriate to correct his records to show this unit award. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 December 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 December 1955. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __BJE __ __HOF __ ___RR __ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation. 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 award of the American Defense Service Medal. ____ BARBARA J. ELLIS_____ CHAIRPERSON INDEX CASE ID AR20050001114 SUFFIX RECON YYYYMMDD DATE BOARDED 20051019 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19521205 DISCHARGE AUTHORITY AR 615-365 DISCHARGE REASON Convenience of the Government BOARD DECISION GRANT - PARTIAL REVIEW AUTHORITY Mr. Chun ISSUES 1. 107.0056.0000 2. 107.0092.0000 3. 4. 5. 6.