ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180016173 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the: * National Defense Service Medal * Army Good Conduct Medal (First Award) * Korea War Service Medal * Republic of Korea Presidential Unit Citation * Combat Medical Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 30 October 2018 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. Many of the awards missing from his DD Form 214 were authorized after his discharge. b. His DD Form 214 shows award of the Combat Infantryman Badge which proves his combat experience and also his military occupational specialty number 4123 (Medical Technician). c. His DD Form 214 shows 3 years and 7 months of service with an honorable discharge which is sufficient for award of the Army Good Conduct Medal (1st Award). d. His DD Form 214 shows award of the Korea Service Medal between 1949 and 1952 and Army Regulation 600-8-22 (Military Awards) shows he is authorized the National Defense Service Medal. 3. The applicant's complete military records are not available 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 to conduct a fair and impartial review of this case. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the National Defense Service Medal and Korea War Service Medal. These awards will not be discussed further in these Record of Proceedings. 5. The Board will consider his request for award of the Army Good Conduct Medal (First Award) and the Combat Medical Badge. 6. On 27 January 1949, the applicant enlisted in the Regular Army. 7. On 26 August 1952, he was honorably discharged. His DD Form 214 shows in: a. item 5 (Qualifications) (Specialty Number or Symbol) – 4123, (Related Occupation and Dictionary of Occupational Titles Number) – Medical Technician – I-32.209, b. item 26 (Foreign and/or Sea Service) – 11 months and 28 days. c. item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Combat Infantryman Badge * Korea Service Medal with two bronze service stars * United Nations Service Medal * Army of Occupation Medal (Japan) d. item 28 (Most Significant Duty Assignment) – Company A, 19th Infantry Regiment, 24th Infantry Division. e. item 38 (Remarks) – "NO DAYS LOST UNDER SEC [Section] 6A APP [Appendix] 2B MCM [Manual for Courts Martial] 1951." 8. Department of the Army General Orders Number 35, dated 4 June 1951, awarded the Republic of Korea Presidential Unit Citation for the period 2 July 1950 to 22 July 1950 to the 24th Infantry Division and included the 19th Infantry Regiment. The available records do not show the period the applicant was assigned to the 19th Infantry Regiment. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his period of service, the belief that his records were burned in the fire at the NPRC, his period of service, units of assignment and military specialty and the awards on his DD Form 214. The Board found sufficient evidence, based on his completion of service and MOS and wartime service in Korea, to award the applicant the Army Good Conduct Medal and the Combat Medical Badge. The Board did not find sufficient evidence that the applicant was assigned to the 19th Infantry Regiment during the required period of time the unit was authorized the Presidential Unit Citation. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 and the Combat Medical Badge - Amending his DD Form 214 for the period of service ending 26 August 1952 to add in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) – Army Good Conduct Medal, Combat Medical Badge and the awards stated in the Administrative Note(s) that follow. 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 Republic of Korea Presidential Unit Citation. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he was awarded or authorized the following awards: * National Defense Service Medal * Korea War Service Medal REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded on a selective basis to Active Component and Active Guard Reserve enlisted Soldiers who distinguish themselves from among their fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. b. The Combat Medical Badge may be awarded to members of the Army Medical Department, assigned or attached by appropriate orders to an infantry unit of either a brigade, regiment, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. Retroactive award of the Combat Medical Badge for service prior to 29 July 1953 is not authorized. c. The Korean War Service Medal is awarded to service members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: (1) While on permanent assignment. (2) While on TDY within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days. (3) While as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. The U.S. Air Force is the Executive Agency for supply of the Korean War Service Medal. Requests for award of the medal should be forwarded to Headquarters, Air Force Personnel Center AFPC/DPSIDR, 550 C Street West, Randolph Air Force Base, TX 78150–4717. 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows 24th Infantry Division and its subordinate units, which included 19th Infantry Regiment, were awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 35, dated 1951, for the period 2 July 1950 to 22 July 1950. ABCMR Record of Proceedings (cont) AR20180016173 4 1