IN THE CASE OF: BOARD DATE: 24 May 2023 DOCKET NUMBER: AR20220010443 APPLICANT REQUESTS: correction to his military service record to show: a. He was entitled and awarded the following awards: * Bronze Star Medal (BSM) * National Defense Service Medal (NDSM) * U.S. Army Good Conduct Medal (AGCM) * United Nations Service Medal (UNSM) b. Personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Photographs of Medals * Personal Letter * DD Form 214, ending 18 August 1952 * DA Form 1577 (Authorization for Issuance of Awards), 13 February 1978 * DA Form 1577, 16 July 1981 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect, a. After completion basic training in 1949, he was assigned to the 25th Infantry Regiment in Osaka, Japan. The Division deployed to Korea in July 1950 and during this assignment he requested to be transferred to an infantry regiment and was assigned to Company E, 35th Infantry Regiment. On 1 September 1950 he was wounded in action fighting near Masan, Korea and was transferred to Tokyo, Japan for approximately 2 weeks, followed by a transfer , where he remained until February 1951. b. After his release from the Naval Hospital, he was assigned to Fort Leonard Wood, Missouri where he served as a Drill Corporal to assist with training Soldiers followed by his assignment to Fort Sam Houston, Texas where he remained until the end of his term of service and discharge on 18 August 1952. c. While he was a service member, he received Orders for the AGCM, NDSM, UNSM, and the BSM, since he was authorized the CIB, but these awards are not listed on his DD Form 214. 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 (NPRC) in 1973. It is believed that his records were lost or destroyed in that fire. The only records available to this Board is the Certificate of Military Service and the record provided by the applicant, which consisted of his DD Form 214. 4. The applicant provides: a. DA Form 1577, dated 13 February 1978, which shows he is entitled to the BSM based on the CIB. b. DA Form 1577, dated 16 July 1981 showing he is entitled to the following: * Purple Heart (PH) * AGCM * Army of Occupation Medal * NDSM * (KSM) with one bronze service star * CIB * UNSM 5. The applicant’s service record shows: a. DD Form 214 for the period ending 18 August 1952 that he was inducted into the Army of the United States on 15 June 1949 and was honorably discharged on 18 August 1952. He completed 3 years of net service this period. This document also shows in Item 27 (Decorations Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) he was awarded the following: * PH * CIB * Korean Service Medal (KSM) with one bronze service star * Occupation Medal (Japan) b. Certificate of Military Service which shows he served honorably in the Regular Army from 15 June 1949 – 18 August 1952. c. NA Form 13045 (Informal Information Reply) from the National Archives Records and Administration notifying the applicant that his records are not available due to a fire, and cannot be reconstructed, thus making it a burn record. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined based on regulatory guidance that award of the Combat Infantryman Badge is considered as a citation in orders for award of the Bronze Star Medal and orders provided by the applicant award of the Bronze Star Medal is warranted. In addition, the Board determined the applicant’s record was absent award of his National Defense Service Medal (NDSM) and United Nations Service Medal (UNSM). 2. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 15 June 1949 to 18 August 1952. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to show award of the Bronze Star Medal, Army Good Conduct Medal (1st Award), National Defense Service Medal (NDSM) and United Nations Service Medal (UNSM). 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. ? 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 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 amending the applicant’s DD Form 214 for the period ending 18 August 1952 by adding: in item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the * Bronze Star Medal * National Defense Service Medal (NDSM) * United Nations Service Medal (UNSM) and * award of the Army Good Conduct Medal (1st Award) for exemplary service from 15 June 1949 to 18 August 1952 and adding the medal to his DD Form 214 for the period ending 18 August 1952 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, 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 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. 2. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951 states the BSM may be made, upon application, to those members of the Armed Forces of the United States who, on or after 7 December 1941, have been awarded the CIB or Medical Badge for exemplary conduct in ground combat against the armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement or exemplary conduct in ground combat against the armed enemy during such period has been otherwise confirmed in writing by documents executed prior to 1 July 1947. 3. Army Regulation 600-8-22 (Military Awards) states: a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the AGCM, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For 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 b. The NDSM was established by EO 10448, 22 April 1953, as amended by EO 11265, 11 January 1966; EO 12776, 18 October 1991, as amended by EO 13293, 28 March 2003 and Secretary of Defense Memorandum, dated 26 April 2002; and EO 13293, dated 28 March 2003. The NDSM may be awarded for both active and reserve service as defined below. It is awarded for honorable active service for any period between (dates inclusive): (1) 27 June 1950 and 27 July 1954 (Korea). c. The UNSM was established by UN General Assembly Resolution 483(V), 12 December 1950. Presidential acceptance for the U.S. Armed Forces was announced by DOD on 27 November 1951. (1) To qualify for award of the UNSM, individuals must meet one of the following: * Servicemembers of the Armed Forces of the United States dispatched to Korea or adjacent areas for service on behalf of the UN in the action in Korea. * Other personnel dispatched to Korea or adjacent areas as members of paramilitary and quasi-military units designated by the U.S. Government for service in support of UN action in Korea and certified by the UN Commander in Chief as having directly supported military operations there. * Personnel awarded the KSM are automatically eligible for award of the United Nations Service Medal. * Service with a national contingent designated by the U.S. Government for service in support of the UN action in Korea and certified by the UN Commander in Chief as having directly supported military operations in Korea. (2) Service will be for periods between 27 June 1950 and 27 July 1954, inclusive, under either of the following conditions: * Within the territorial limits of Korea or the waters immediately adjacent thereto or in the air over Korea or over such waters. * The service prescribed must have been performed while serving with any unit as provided in paragraphs 9–5a(1) and 9–5a(2) 4. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010443 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1