IN THE CASE OF:	

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110005259 


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 award of the Army Commendation Ribbon with Metal Pendant (now known as the Army Commendation Medal (ARCOM)).

2.  He states his DD Form 214 (Report of Separation from the Armed Forces of the United States) never reflected that he was awarded the medal.

3.  He provides:

* DD Form 214 
* General orders
* ARCOM citation 

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 FSM'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.  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 FSM's DD Form 214 shows:

   a.  he was inducted in the Army of the U.S. and entered active duty on 2 December 1952 and was discharged on 3 November 1954;

   b.  he was awarded the National Defense Service Medal, the Korean Service Medal with 1 bronze service star, United Nations Service Medal, Good Conduct Medal, and Republic of Korea Presidential Unit Citation; and 

c.  he did not receive the ARCOM.

4.  He submitted General Orders Number 200 issued by Headquarters, 24th Infantry Division, on 2 November 1954 and the citation, which show he was awarded the ARCOM for the period 15 January to 30 September 1954 for meritorious service.

5.  A review of the applicant's record reveals that he may be entitled to an additional award that is not shown on his DD Form 214. 

6.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the ARCOM.  Therefore, he is entitled to have his record corrected to show this award.

2.  The applicant's service meets the criteria for award of the ROKWSM.  He is entitled to have his record corrected to show this 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 showing award of the Army Commendation Medal and 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)                                         AR20110005259



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1