ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20190008322 APPLICANT REQUESTS: in effect awards for his military service by updating his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Form W2 (Withholding Tax Statement) for the years of 1957-1959 * copies of Veterans of Foreign Wars (VFW) membership cards FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110015564 on 9 February 2012. 2. The applicant states he is entitled to awards authorized after his separation. He should not be denied awards because a fire destroyed some of his records. He has discovered personal income tax records clearly showing his service in Korea. 3. The applicant's 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. 4. The applicant enlisted into the Regular Army on 30 July 1956. 5. Military pay records in the applicant’s personnel record indicate he was assigned to B Company, 724th Ordnance Battalion in Korea from 20 January 1957 to 2 April 1958. One of the entitlements he received is reflected on his pay record as foreign duty pay. 6. Based on a review of his reconstructed record, there is no derogatory evidence showing he would not be entitled to an end of active service Army Good Conduct Medal. The reconstructed record contains no evidence he was court-martialed. 7. The applicant’s DD Form 214 reflects he was honorably released from active duty on 29 July 1959 and transferred to the United States Army Reserve. a. Item 24c (Foreign and/or Sea Service) credits the applicant with 1 year, 3 months, and 24 days of foreign service. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows "None" were awarded or authorized. 8. The applicant provided copies of W2 Forms for calendar years 1957 to 1959. Of note is the W2 Form for 1957, which has an address location of Army Post Office 24 San Francisco. This post office supported his unit in Korea. 9. The applicant provided copies of several VFW membership cards indicating he was a member of the VFW. 10. On 9 February 2012 the ABCMR denied the applicant’s first application wherein he requested awards for his service in Korea. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relieve is not warranted. 2. The applicant provided additional evidentiary documents to show that he was assigned in Korea for 1 year, 3 months, and 24 days during the period 20 January 1957 to 2 April 1958. Accordingly, he is authorized the following awards: * Korea Defense Service Medal * Army Good Conduct Medal BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing that the applicant was awarded the Korea Defense Service Medal, the Army Good Conduct, providing him the medals, and issuing a DD Form 215 showing these awards. 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. REFERENCES: 1. Title 10, USC, 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 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 (Military Awards) states 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility. 3. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. b. There must have been no convictions by a court-martial. c. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190008322 3 1