IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017750 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: 20 April 2017 DOCKET NUMBER: AR20150017750 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 awarding him the Army Good Conduct Medal (1st Award) for the period 28 August 1948 to 27 August 1951; 2. Amending his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal. 3. 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 any relief in excess of that described above. _____________xx_____________ 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: 20 April 2017 DOCKET NUMBER: AR20150017750 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: * Army Commendation Medal * Army Achievement Medal * Korean Service Medal with seven bronze service stars * Republic of Korea War Service Medal * 50th Anniversary Korean Commemorative * U.S. Army Commemorative * Overseas Service Commemorative * United Nations Military Service Commemorative * American Defense Commemorative 2. The applicant states: * when he returned from Korea (August 1950-February 1952), he was not concerned about medals – he signed his discharge paperwork and went back to being a civilian * about 3 years ago, his grandson returned from serving in Iraq with his medals and asked him about his medals * he then checked his papers and realized his records only show four medals, so he contacted his local veteran services officer and filled out forms and learned his record only lists four medals * he is now enclosing information that he hopes will help bring his file/record up-to-date * he would like to mention that the two letters of commendation were not solicited by him * he was surprised, but thankful for the recitation from the colonels and hope the Board will accept them for the issue of accommodations 3. The applicant provides: * his DD Form 214 for the period ending 13 May 1952 * Veterans of Foreign Wars (VFW) internet article referencing the Korean Service Medal and the Korean War campaigns * internet print-out from the website "MedalsofAmerica.com" * two letters of commendation * letter from the National Personnel Records Center (NPRC) authorizing the shipment of certain awards to the applicant 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 NPRC in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214. 3. The applicant's DD Form 214 shows: a. he enlisted in the Regular Army for a period of 36 months and he entered active duty on 28 August 1948; b. he completed 1 year, 5 months, and 18 days of foreign service; c. he was awarded the Korean Service Medal with five bronze service stars; d. he was involuntary extended for 8 months and 16 days and he was honorably discharged on 13 May 1952, in the rank of corporal (CPL) after completing 3 years, 8 months, and 16 days of active service with no time lost. 4. There are no orders or any other evidence available that shows he was awarded or recommended for the Army Commendation Medal, Army Achievement Medal, or the Army Good Conduct Medal. 5. The applicant provided: a. a VFW internet article referencing the Korean Service Medal and the Korean War campaigns; b. an internet print-out from the website "MedalsofAmerica.com," advertising the sale of medals; c. two letters of commendation dated 25 January 1950 and 25 July 1959, which he received for outstanding performance of his duties as an Engineer Draftsman; and d. a letter from the NPRC authorizing the shipment of certain awards to the applicant, including the Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal with one silver service star, and the United Nations Service Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Army Commendation Medal 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. b. The Army Achievement Medal 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 c. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. d. The United Nations Service Medal 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 Korean Service Medal automatically establish eligibility for the United Nations Service Medal. e. A bronze service star is authorized for wear on the Korean Service Medal for each Korean War campaign a member is credited with participating in. A silver service star is authorized in lieu of 5 bronze service stars. Approved campaigns are: * UN Defensive (27 June – 15 September 1950) * UN Offensive (16 September – 2 November 1950) * CCF Intervention (3 November 1950 – 24 January 1951) * First UN Counteroffensive (25 January – 21 April 1951) * CCF Spring Offensive (22 April – 8 July 1951) * UN Summer-Fall Offensive (9 July – 27 November 1951) * Second Korean Winter (28 November 1951 – 30 April 1952) * 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) f. The Republic of Korea War Service Medal 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 while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. 2. Army Regulation 600-8-22 does not identify the following awards as authorized awards that are to be recorded on the DD Form 214: * 50th Anniversary Korean Commemorative * U.S. Army Commemorative * Overseas Service Commemorative * United Nations Military Service Commemorative * American Defense Commemorative 3. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of commendation or appreciation, and similar documents are not listed. 4. Army Regulation 600-65 (Service Medals), in effect at the time, stated 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 5. Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 6. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant completed a period of qualifying honorable active service for the National Defense Service Medal. This award is not shown on his DD Form 214. 2. The applicant was awarded the Korean Service Medal with five bronze service stars. The Army awards regulation provides that personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. This award is not shown on his DD Form 214. 3. The applicant served a period of qualifying service for the Republic of Korea War Service Medal. This award is not shown on his DD Form 214. 4. The applicant was honorably discharged in the rank of CPL after completing 3 years, 8 months, and 16 days of active duty service with no time lost. Based on these facts, and based on the letters of commendation he received that describe his service as outstanding, it appears he met the criteria for the first award of the Army Good Conduct Medal. 5. The applicant contends he is authorized seven bronze service stars for wear on his Korean Service Medal; however, based on the fact that the majority of his records are not available; specifically, his DA Form 24 (Service Record), his dates of arrival and departure from the Korean conflict cannot be determined. As a result, his entitlement to additional bronze service stars for campaign participation during the Korean conflict cannot be confirmed at this time. 6. The available evidence does not indicate that he was either awarded or recommended for the Army Commendation Medal or the Army Achievement Medal. While the available evidence is insufficient for correcting his DD form 214 to show these awards, this in no way affects his right to pursue his claim for this awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 7. The applicant is requesting correction of his DD Form 214 to show the following commemorative medals: * 50th Anniversary Korean Commemorative * U.S. Army Commemorative * Overseas Service Commemorative * United Nations Military Service Commemorative * American Defense Commemorative 8. The above commemorative medals are not identified in Army Regulation 600-8-22 as authorized awards to be recorded on the DD Form 214. Therefore, there is no basis for correcting his DD Form 214 to show them. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017750 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017750 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2