BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015277 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015277 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 4 September 1951 through 23 June 1953 (Standard Name Line: SGT, Company L, 27th Infantry Regiment, 25th Infantry Division); b. correcting is DD Form 214, as follows: * deleting from item 27: "KOREAN SERVICE MEDAL WITH 2 BRONZE SERVICE STARS" * adding the following awards to item 27 – * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Korean Service Medal with 3 Bronze Service Stars * Korean War Service Medal * Republic of Korea Presidential Unit Citation (1st Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Rifle (M-1) and Carbine Bars c. deleting the entry from item 28 and adding: "Company L, 27th Infantry Regiment"; and d. deleting from item 30 so much of the entry to pertains to the dates (i.e., "FEB-APR. 51") and adding: "FEBRUARY-APRIL 1952." ___________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: 9 February 2017 DOCKET NUMBER: AR20150015277 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) to show the correct date of his military leadership training, unit of assignment during his service in Korea, and service medals. 2. The applicant states he recently discovered old documents in his files that show some of the information on his DD Form 214 is incorrect. a. He states he entered military service on 4 September 1951 and served in the infantry. His DD Form 214 shows he attended a leadership course during the period February to April 1951; however, the certificate of training he provides shows he completed the course on 12 April 1952. He also states that his most significant duty assignment is incorrect. His DD Form 214 shows Company C, 27th Infantry Regiment; however, he was assigned to Company L, 27th Infantry Regiment. b. He provides information pertaining to his service and the major battles his unit participated in during the Korean War, including serving in the Iron Triangle and Punch Bowl (Spring of 1951 and Winter of 1952). His unit also relieved the Turkish Brigade at Sandbag Castle; the 31st Infantry Regiment, 7th Division at Pork Chop Hill, and the 1st Marine Division at Hill 55 (Pig Out Post). c. He states that he was awarded the United Nations Service Medal and the Korean Service Medal with 2 Bronze Service Stars; however, he questions the number of campaign stars awarded. He adds he completed 2 years of active duty, 11 years of reserve service, 13 years of total service, and he retired as an infantry officer in the rank of first lieutenant (1LT). 3. The applicant provides copies of his: * self-authored letter, dated 6 September 2015 (summarized above) * certificate of training * commander's letter * two photographs * DD Form 214 * Armed Forces of the United States Identification (ID) Card 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 was inducted into the U.S. Army on 4 September 1951. He was awarded military occupational specialty 1745 (Infantryman). 3. A review of his DD Form 230 (Service Record), Section 3 (Organizations to Which Assigned and Attached), Section 4 (Service Outside Continental United States (CONUS)), and Section 7 (Combat Record), in pertinent part, shows he: * departed CONUS on 28 May 1952 * served in Korea from 17 June 1952 to 19 June 1953 * was assigned to – * 35th Replacement Company (Pipeline) from 19 to 20 June 1952 * Service Company, 27th Infantry Regiment, from 21 to 23 June 1952 * Company L, 27th Infantry Regiment, from 24 June to 20 May 1953 * Pusan Replacement Depot, 8069th Army Unit, until 19 June 1953 * arrived in CONUS on 20 June 1953 4. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 26 (Military Education): Leadership, Infantry School, 8 Weeks, 1952 * item 28 (Qualification in Arms) – * Expert, Rifle (M-1), 30 October 1951 * Expert, Carbine, 19 February 1952 * item 33 (Record of Assignments): Rifleman, Company L, 27th Infantry Regiment, effective 24 June 1952 5. He was promoted to sergeant (temporary) on 30 March 1953. 6. His DD Form 214 shows he was honorably released from active duty on 23 June 1953 and transferred to the U.S. Army Reserve (USAR) Control Group to complete his Reserve service obligation. He had completed 1 year, 9 months, and 20 days of total active duty service this period. It also shows in – * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Combat Infantryman Badge * Korean Service Medal with 2 Bronze Service Stars * United Nations Service Medal * item 28 (Most Significant Duty Assignment): Company C, 27th Infantry Regiment * item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed): 7th Armored Division School, Camp Roberts, CA; February to April 1951; Leadership 7. A review of the applicant's military personnel records failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 8. The applicant continued to serve in the USAR. He was appointed as a Reserve commissioned officer, in the rank of second lieutenant, on 5 July 1957. He was honorably discharged, in the rank of 1LT, on 30 November 1964. 9. In support of his application the applicant provides the following documents. a. DA Form 87 (Certificate of Training) that shows the applicant completed the Army Field Forces Leaders Course, at Camp Roberts, CA, on 12 April 1952. b. Headquarters, 27th Infantry Regiment, letter, dated 4 August 1952, that shows the commander extended his congratulations to the applicant on the occasion of the applicant's 23rd birthday. c. Two photographs that show a Solder in uniform (presumably the applicant) and signs indicating "Love Company, 3rd Battalion, 27th Infantry Regiment ('Wolfhounds')." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal 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. b. The Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star will be awarded for wear on the KSM for participation in each credited campaign. c. Appendix B contains a list of the Korean War campaigns. During the applicant's service in Korea, participation credit was awarded for the following campaigns – * Korea Summer-Fall 1952 (1 May - 30 November 1952) * Third Korean Winter (1 December 1952 - 30 April 1953) * Korea Summer 1953 (1 May - 27 July 1953) d. The Korean War Service Medal is awarded by the Korean government 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 while on permanent assignment or temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. e. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Korean War. a. During the period of the applicant's assignment to Company L, 27th Infantry Regiment, the regiment was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders: * Number 41 (1955) for the period 19 September 1950 to 31 July 1952 * Number 19 (1955) for the period 5 May 1953 to 9 July 1953 b. The governing Army regulations show that not more than one Republic of Korea Presidential Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. An oak leaf cluster is authorized to show the second and each succeeding award of the unit award. 3. Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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. A Soldier's conduct and efficiency ratings, including those pertaining to attendance at service schools, must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial. 4. Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It shows for: * item 27, enter decorations or citations received during period covered by the DD Form 214 and authority for each; authorities for service medals need not be entered * item 28, enter the last unit, or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point * item 30, enter service schools, including dates and major course, at which individual completed course satisfactorily DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show the correct dates of his leadership training, his unit of assignment in Korea, and all of his service medals. 2. Records show that the applicant entered active duty on 4 September 1951. a. He completed the 8-week Army Field Forces Leaders Course on 12 April 1952. Item 30 of his DD Form 214 shows he completed the course in April 1951. b. He served as a rifleman assigned to Company L, 27th Infantry Regiment in Korea from 24 June 1952 to 23 May 1953. He returned to CONUS and was separated on 23 June 1953. Item 28 of his DD Form 214 shows his unit of assignment in Korea as Company C, 27th Infantry Regiment. 3. The evidence of record shows: a. the applicant's honorable active Federal service from 4 September 1951 to 23 June 1953 qualified him for award of the National Defense Service Medal; b. the applicant qualified for award of the KSM, he participated in three campaigns during his service in Korea, and he is authorized three bronze service stars for wear on his already-awarded KSM; c. his service during the Korean War qualified him for award of the Korean War Service Medal; d. general orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation for two separate periods of service; and e. he qualified expert with the M-1 rifle and the carbine. 4. The evidence of record shows the applicant served a period of continuous, honorable active duty enlisted service from 4 September 1951 through 23 June 1953. a. There is no evidence of any misconduct, disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to sergeant (E-5) and he was awarded the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015277 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2