IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012641 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 IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012641 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 the following awards to his DD Form 214: * National Defense Service Medal * United Nations Service Medal * Republic of Korea War Service Medal 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 adding the following awards to his DD Form 214: * Army Commendation Medal * Army Achievement Medal * Korean Service Medal with one silver service star and two bronze service stars * 50th Anniversary Korean Commemorative Medal * U.S. Army Commemorative Medal * Overseas Service Commemorative Medal * United Nations Military Service Commemorative Medal * American Defense Commemorative 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. IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012641 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 (Report of Separation from the Armed Forces of the United States) to show the following awards: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Korean Service Medal (KSM) with seven bronze service stars * Republic of Korea War Service Medal (ROKWSM) * 50th Anniversary Korean Commemorative Medal * U.S. Army Commemorative Medal * Overseas Service Commemorative Medal * United Nations Military Service Commemorative Medal * American Defense Commemorative Medal 2. The applicant states losing the records in the fire at the National Personnel Records Center in July 1973 is making it difficult to get the medals he should have been originally issued. 3. The applicant provides: * letters of commendation, dated 21 January 1950 and 25 July 1950 * DD Form 214 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. His DD Form 214 shows he enlisted in the Regular Army on 28 August 1948 for a period of 3 years. 4. He provided: a. a letter of commendation from the Deputy Port Commander, Headquarters, Fort Mason, dated 21 January 1950, commending personnel in the Office of the Post Engineer, Fort Mason, CA, who contributed directly to preparation of the Basic Information Maps and the Analysis of Existing Facilities reports; and b. a letter of commendation from the Post Engineer, Headquarters, Fort Mason, dated 25 July 1950, commending him for his excellent behavior and strict attention to duty while serving with the Office of the Post Engineer for the period 1 December 1948 to 25 July 1950. 5. He was honorably discharged on 13 May 1952 for expiration term of service. 6. His DD Form 214 shows he was awarded or authorized the KSM with five bronze service stars. 7. His inclusive dates of service in Korea are not available. 8. There are no orders for the ARCOM or AAM in the applicant's available records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star is worn on the KSM for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The National Defense Service Medal (NDSM) 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. e. The United Nations Service Medal (UNSM) 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 KSM automatically establish eligibility for the United Nations Service Medal. f. The 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. 2. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, part 578, lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation  670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits wearing commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show award of the ARCOM and AAM and he provided two letters of commendation in support of his claim. There are no orders awarding him the ARCOM in his available records. The AAM was authorized as an Army award in 1981, many years after his active duty service had ended. 2. His DD Form 214 shows award of the KSM with five bronze service stars. His request for two additional bronze service stars for his KSM was noted. However, since his inclusive dates of service in Korea are not available, it cannot be determined if he is eligible for two additional bronze service stars. 3. He served a qualifying period for award of the NDSM, UNSM, and ROKWSM. His DD Form 214 does not show these medals. 4. His request to add commemorative medals to his DD Form 214 was carefully considered. However, award of commemorative medals is not governed by the awards regulation and, as a result, these medals may not be shown on a discharge document. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012641 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012641 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2