IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160007052 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 7 June 2018 DOCKET NUMBER: AR20160007052 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 his correct date of birth (DOB) and award of the "bronze star." 2. The applicant states that his DOB is "XX XXXX XXXX" not "XX XXXX XXXX." He also states he never received his "bronze star" as promised (as shown on his DD Form 214). 3. The applicant provides a copy of his birth certificate and two copies of his DD Form 214 with the "DOB" and (the Korean Service Medal) "with 1 Bronze Service Star" highlighted in yellow marker. 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 military service 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 the applicant's records were lost or destroyed in that fire. However, the copies of the birth certificate and the DD Form 214 that he provides are sufficient for the Board to conduct a fair and impartial review of this case. 3. A Commonwealth of Puerto Rico, Department of Health, Demographic Registry, Certification of Birth, shows "XXXX XXXXl X____ X___" was born on "XX XXXXXX XXXX" in Caguas, Puerto Rico. It also shows the certificate was issued on 21 May 1990. 4. The DD Form 214 shows the applicant was inducted and entered active duty in the U.S. Army on 13 January 1953, honorably released from active duty on 3 November 1954, and transferred to the Army Reserve (Infantry), Military District of New York, to complete his reserve service obligation. He had completed 1 year, 9 months, and 21 days of total active duty service this period that included 1 year, 4 months, and 10 days of foreign service. It also shows in – * item 3 (Grade–Rate–Rank and Date): Sergeant (Temporary), 17 May 1954 * item 10 (DOB):  "XX XXX XX" [highlighted in yellow] * item 11 (Place of Birth): Puerto Rico * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Korean Service Medal "w/1 Bronze Service Star" [highlighted in yellow] * National Defense Service Medal * Republic of Korea Presidential Unit Citation * United Nations Service Medal * item 28 (Most Significant Duty Assignment): Company E, 17th Infantry Regiment 5. A review of the available records failed to reveal evidence that the applicant was awarded the Bronze Star Medal. It also failed reveal any adverse information. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Korean Service Medal 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 Korean Service Medal for participation in each credited campaign. c. 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, in part, 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. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. e. The Republic of Korea Presidential Unit Citation is awarded by the Korean government. Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War. Table B-1 contains a list of Korean War campaigns and unit awards and shows, in pertinent part, the 17th Infantry Regiment – * received campaign participation credit for the Korea Summer 1953 campaign (1 May 1953 - 27 July 1953) * was awarded the Republic of Korea Presidential Unit Citation for the periods – * 11 July 1952 to 1 October 1953 by Department of the Army General Order Number 24 (1954) * 30 September 1950 to 27 July 1953 by Department of the Army General Order Number 22 (1956) 3. 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 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. Title 10, United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon 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. a. 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, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  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. b. 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. 5. Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's release from active duty, 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 10, self-explanatory * item 27, enter decorations or citations received during the period covered by the DD Form 214 and authority for each (authorities for service medals need not be entered) DISCUSSION: 1. The applicant contends, in effect, that his DD Form 214 should be corrected to show his correct DOB and that he was awarded the Bronze Star Medal. 2. The applicant provided a copy of his Certification of Birth that shows he was born on "XX XXXXX XXXX" in Caguas, Puerto Rico. a. His DD Form 214 shows his DOB as "XX XXXX XXXX" and that he was born in Puerto Rico. b. The day and year on the two documents correspond; however, the month is different. c. There is no other evidence of record pertaining to the issue under review. d. It is reasonable to conclude that an administrative error occurred when the applicant's DD Form 214 was prepared at the time of his separation. 3. The evidence of record shows the applicant entered active duty this period on 13 January 1953, was released from active duty on 3 November 1954, and he completed 1 year, 4 months, and 10 days of foreign service in Korea. a. He was credited with campaign participation for the period 1 May 1953 to 27 July 1953 (the last campaign of the Korean War). b. A calculation to determine the approximate period of his overseas service in Korea shows the following: 01  09  21 total active duty service completed this period -  01 04  10 total foreign service completed =    05  11 period of service in continental United States (CONUS) 1953  01  13 date of entry on active duty +  05  11 period of service in CONUS (basic/advanced training) =  1953  06  24 date assigned overseas (24 June 1953) c. The evidence of record supports a conclusion that the applicant served in Korea from late June 1953 through October 1954. 4. The evidence of record also shows: a. the applicant qualified for award of the Korean Service Medal, he participated in one (1) campaign during his service in Korea, and he was awarded the Korean Service Medal with 1 bronze service star. b. His service in Korea also qualified him for award of the – * Republic of Korea War Service Medal * Korea Defense Service Medal c. Department of the Army General Orders awarded his unit two awards of the Republic of Korea Presidential Unit Citation. However, only one award is authorized to be recorded on his DD Form 214. 5. The evidence of record shows the applicant completed 1 year, 9 months, and 21 days of continuous, honorable active duty enlisted service. a. There is no evidence of any misconduct, disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM). b. He served in the Korean War and was promoted to sergeant. c. This period of service qualified him for award of the AGCM (1st Award). 6. The applicant provides insufficient documentary evidence in support of his claim to the Bronze Star Medal. a. A thorough review of the available military records failed to reveal evidence that he was awarded the Bronze Star Medal or any evidence of a recommendation for award of the Bronze Star Medal. (It appears the applicant may be mistaking the bronze service star (authorized for campaign participation) that is shown on his DD Form 214 for being authorized the "Bronze Star Medal.") b. In any event, the governing Army regulation shows award of a personal decoration requires approval through the chain of command and announcement of the award in orders. The available evidence does not confirm that these actions took place. c. A recommendation to deny correction of his record to show he was awarded the Bronze Star Medal will in no way affect his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130. 7. The applicant is advised that service medals and awards are not issued by the ABCMR. The applicant may obtain his medals, including the Korean Service Medal with one (1) bronze service star, by submitting a request in writing to: National Personnel Records Center, Attention: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5100. Additional information concerning may be found on their website at: http://www.archives.gov/st-louis/military-personnel/. 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 13 January 1953 through 3 November 1954 (Standard Name Line: SGT, Company E, 17th Infantry Regiment; and b. issuing a DD Form 215 (Correction to DD Form 214) correcting – * item 10 by deleting the current entry and adding the date of birth shown on the applicant's Certification of Birth * item 27 by adding the – * Army Good Conduct Medal (1st Award) * Korea Defense 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 the Bronze Star Medal. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2