IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220006150 APPLICANT REQUESTS: via an appointed representative, the records of her deceased husband, a former service member (FSM), be corrected to show: * award of the Republic of Korea Presidential Unit Citation * any missing awards and decorations to which he may be entitled * and a clear, unambiguous statement of his honorable service in Korea APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Marriage Certificate, 29 September 1972 * Certification of Death, 1 December 2021 * list of supporting documents, undated * self-authored statement, Applicant, 26 February 2022 * Power of Attorney, 14 September 2022 * self-authored statement, Appointed Representative, undated * WD (War Department) AGO (Adjutant General's Office) Form 53 (Enlisted Record and Report of Separation - Honorable Discharge), 2 August 1949 * WD AGO Form 100 (Separation Qualification Record), 2 August 1949 * Standard Form (SF) 88 (Report of Medical Examination), 3 October 1950 * SF 88, 11 September 1953 * DD Form 214 (Report of Separation from the Armed Forces of the United States), 12 September 1953 * WD AGO Form 256A (Honorable Discharge Certificate), 12 September 1953 * National Archives and Records Administration (NARA) NA Form 13045 (Informal Information Reply), 25 February 2000 * letter, Congress of the United States, 26 April 2010 * letter, National Personnel Records Center (NPRC), 19 April 2010 * Campaign and Service Medals, Veterans of Foreign Wars (VFW) Service Officers Guide * Lineage and Honors Information, Department of the Army Center of Military History, 16 June 2011 * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), 14 March 2018 * letter, VA Rating Decision, 17 January 2019 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 majority of the FSM s military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. The NPRC believes that the FSM s records were lost or destroyed in that fire. The documents provided by the applicant will be utilized to conduct a fair and impartial review of this case. 3. The applicant states, in effect, a. For decades, her husband spoke proudly about his service in Korea. In 2010, he requested his service awards with the assistance of his congressman. He received a response from NPRC stating, "No record has been found to show that you were authorized any medals pertaining to service in Korea." He understood this to be a politically correct way of saying he never served in Korea. He stopped talking about his service in Korea. He believed the government did not recognize his service in Korea or feel it was important because it was a police action and not a real war. b. They were advised her husband's records may have been destroyed in the NPRC fire. Subsequent to his death, they found records that may allow them to finally receive closure on the extent of her husband's Army service. The applicant has appointed her brother-in-law, a retired U.S. Army Major General, as her representative. 4. The applicant provides a Power of Attorney, dated 14 September 2022, appointing Major General (Retired) M as her representative. 5. The Representative states, in effect, a. He has no firsthand knowledge of the FSM's military service. The information he is providing is based upon discussions with the family and the documents they provided. The assistance he is providing is based upon his military experience, education, and training. b. The medical exam the FSM underwent in 1950 may indicate he was sent to Korea rather than anyplace else. At the beginning of the Korean War, the Army realized it would need to call up Reservists. Most Reserve units were under strength and 20 percent of individual Reservists did not meet fitness standards or were unfit for mobilization. Considering the FSM's youth, physical readiness, and the fact he served in Korea months before the start of the war, he would have been a logical asset. He entered his second tour of active duty on 3 October 1950. c. A WD AGO Form 53, dated 2 August 1949, does not include a statement of the FSM's period of service in Korea. A study, "U.S. Army Reserve Mobilization for the Korean War," by Dr. Kathryn Roe Coker, noted that across the full spectrum of Reserve mobilization extraordinary problems existed. Personnel records were not current, and there were problems with regulations, programs, practices, and procedures. No complimentary documents were found for the FSM's second mobilization. The documents were most likely destroyed by the fire. d. Sixty years after Korea, there are still problems with records management. Korean War era Veterans are not responsible for errors in personnel paperwork. They are not responsible for the fire at NPRC. However, they appear to be held accountable and are the most harmed by things outside of their control. The available documentation shows that the FSM was mobilized, and he served 8 months and 28 days of foreign and/or sea service. Locations of his service are not identified. The Representative cannot tell how much of the FSM's total service was Active or Reserve. e. The FSM's family had high expectations his service in Korea would be recognized. In NPRC's response to their inquiry, dated 19 April 2010, the sentence "No record has been found to show that you were authorized any medals pertaining to servicing in Korea." was ambiguous enough to allow the FSM and his family to read into it. They understood it as a politically correct way of saying the FSM did not serve in Korea. Even more disturbing was the sentence, "The record needed to answer your inquiry is not in our files." The FSM and his family found that to be insensitive, cavalier and a message that nothing more could be done. The two WD AGO Forms are sufficient evidence the FSM served in Korea. Based upon those documents, the family is requesting a clear and unambiguous statement that the FSM served honorable in Korea during his first tour of active duty. f. WD AGO Form 100, dated 2 August 1949, shows the FSM served with Battery A, 31st Field Artillery (FA) Battalion (BN). The Department of the Army, Center of Military History, Lineage and Honors website shows the 31st FA BN was awarded the Republic of Korea Presidential Unit Citation for the period 1945 through December 1948. While specific dates of the FSM's first tour are not available, it seems certain he served with the BN within the dates of the award. Please determine if the FSM is eligible for this award. g. The medical exam referenced above, and the FSM's DD Form 214, for the period ending 12 September 1953, show that he was mobilized at the start of the Korean War and served 8 months and 28 days on foreign and/or sea service. Deduction, sound reasoning, and logic were used to determine that he served in Korea during that time. If the government has documentation or sound evidence to prove that he served elsewhere in the world, the Representative will objectively consider it before sharing it with the FSM's family. h. If the Board agrees the FSM served in Korea, they would like approval of any and all awards and decorations earned. The Representative will order them and pay for them himself. The shelf life of anger from the NPRC letter has not expired. Please send the resolution of this request and any pertinent documentation directly to the Representative. He will personally present the conclusions to the family in a fact based, empathetic and sensitive manner. 6. The Representative provides the following documents: a. WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge), 2 August 1949, shows: (1) The FSM enlisted in the Regular Army and entered active duty on 29 August 1947. At the time of his separation, he held military occupational specialty (MOS) 1599, Radio Operator, and he was assigned to Battery A, 31st Field Artillery Battalion. (2) He served in the Asiatic-Pacific Theater of Operations (APTO) from 18 February 1948 to 1 July 1949. He completed 1 year, 5 months, and 16 days of foreign service, and 5 months and 18 days of continental service. (3) He was honorably separated on 2 February 1949, by reason of Convenience of the Government, Army Regulation (AR) 615-365 (Enlisted Personnel - Discharge - Convenience of the Government). His WD AGO Form 53 shows in: * Block 31 (Military Qualification and Date) lists the Sharpshooter Badge with Rifle Bar * Block 32 (Battles and Campaigns) lists the entry None * Block 33 (Decorations and Citations) lists the Army of Occupation Medal (Japan) b. WD AGO Form 100 (Separation Qualification Record), 2 August 1949, that shows (1) The FSM served on active duty from 29 August 1947 to 2 August 1949, holding MOS 677, Military Policeman, and 1599, Radio Operator. He held the grade of private first class (PFC) (2) Item 13 (Title, Description, and Related Civilian Occupation) states the FSM served with Battery A, 31st FA BN in Japan, and in Korea. He transmitted radio messages from Battery Commander to gun positions, using Signal Corps Radio (SCR) 608,610 and 619. As a Military Policeman, he assisted in enforcement of military laws, regulations, maintenance of order, and control of traffic. c. SF 88 (Report of Medical Examination), 3 October 1950, shows the FSM was found physically fit for enlistment in the Army. d. SF 88, 11 September 1953, shows the FSM underwent another medical exam for the purpose of "transfer." e. A DD Form 214, for the period ending 12 September 1953, and the corresponding WD Form 256A show: (1) The FSM reenlisted in the Regular Army and entered active duty in Philadelphia, PA on 3 October 1950. At the time of his separation, he held military occupational specialty (MOS) 1677, Military Police. (2) the FSM s most significant assignment was with the 209th Military Police Company. (3) He completed 2 years, 11 months, and 10 days of active service, 8 months and 28 days was foreign service. (3) He was honorably discharged on 12 September 1953, by reason of Convenience of the Government, Army Regulation (AR) 615-365 (Enlisted Personnel - Discharge - Convenience of the Government). His DD Form 214 for this period of service shows in: * Block 26 (Foreign and/or Sea Service) shows 8 months, 28 days. It does not show the specific foreign/overseas location. * Block 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - Army of Occupation Medal with Japan clasp f. NA Form 13045, 25 February 2000, shows the NARA response to the FSM's initial inquiry for assistance. NARA stated, in effect, the record needed to answer the inquiry was not in their files. If the record were there on July 12, 1973, it would have been in the area that suffered the most damage in the fire and may have been destroyed. Enclosed copies of documents were obtained from alternate records source. Complete Personnel/medical records cannot be reconstructed. g. A letter from the FSM's congressional representative and the accompanying letter from NPRC, dated 14 April 2010, show NPRC's response to the congressman's inquiry on the FSM's behalf. NPRC reiterated that the record was not in their file, and it may have been damaged or destroyed in the fire. NPRC also stated, no record was found to show that the FSM was authorized any medals pertaining to "servicing" in Korea. Based upon the documents provided, NPRC authorized the shipment of the following awards: * Army Good Conduct Medal * Army of Occupation Medal with Japan clasp * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar h. A list of Campaign and Service Medals, updated using the VFW Service Officers Guide - 2003 (29th Edition), shows two highlighted campaigns: * Army of Occupation (30 consecutive days) Korea - 3 September 1945 to 27 April 1952 * Korean Service Medal - 27 June 1950 to 27 July 1954 i. Department of the Army, Center of Military History, Lineage and Honors Information shows the history, campaign participation credit, and decorations of 1st BN, 31st FA Regiment, to include the Republic of Korea Presidential Unit Citation for the dates 1945 to 1948 and 1953 to 1971. j. VA Form 21-4138, 14 March 2018, shows the FSM stated he was a radio operator assigned to the 1st BN, 31st FA, 7th Infantry Division in Korea. He received coordinates from the forward observer for gun position. He relayed the coordinates to the gunner to set the sights. He stood beside the gunner and the gun (a 155 howitzer). k. A rating decision from the VA, dated 17 January 2019, shows the FSM was granted a service-connected disability rating of 10 percent for bilateral hearing loss. 7. The FSM completed 8 months and 28 days of foreign service during the period covered by his DD Form 214 (3 October 1950 to 12 September 1953). However, there is no clear documentary evidence that the FSM s foreign service was in Korea. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant s contentions, the FSM s military record, and regulatory guidance were carefully considered. The evidence of record shows the FSM completed two periods of service: a. He served on active duty from 29 August 1947 to 2 February 1949. During this period, he served in the Asiatic-Pacific Theater of Operations (APTO) from 18 February 1948 to 1 July 1949, completing 1 year, 5 months, and 16 days of foreign service. The APTO included Japan, Korea, Philippines, and other countries/provinces. The regulation governing the WD AGO Form 53 required an entry for the major theater/command. In the FSM s case, the major command was the APTO which is properly annotated on his WD AGO Form 53. b. The FSM also served on active duty from 3 October 1950 to 12 September 1953. During this period, he completed 8 months and 28 days was foreign service. He was issued a DD Form 214 that listed his foreign service in Block 26 (Foreign and/or Sea Service) but it does not show the specific foreign/overseas location. While the applicant s sincerity regarding the FSM s service is not in question, there is no clear documentary evidence that the FSM s foreign service was in Korea. c. There is no specific form to show a clear, unambiguous statement of his honorable service in Korea. Generally, the DD Form 214 would reflect Korea-related awards. A later versions of the DD Form 214 listed service in Indochina, Vietnam, or Korea in the Remarks, block with a Yes or No entries. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ME: GB: SM: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the WD AGO Form 53 (Enlisted Record and Report of Separations) and the WD AGO Form 53-98 (Military Record and Report of Separation- Certificate of Service) for officers, and later the DD Form 214 (Certificate of Release or Discharge from Active Duty). Block 36, Service Outside Continental Unit States, would list the dates of the Soldier s departure from continental United States and arrival in the overseas command, and return dates. the Asiatic-Pacific Theater of Operations included Japan, Korea, the Philippines, Borneo, New Guinea, Solomon Islands, and others. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The DD Form 214 will be issued at the time of separation to each officer and enlisted person discharged, retired, relieved, from active duty. the version of the regulation in effect at the time stated for Block 26 (Foreign and/or Sea Service) enter the total period of active duty outside continental United States for the period covered by the DD Form 214. 4. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Army of Occupation Medal is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, TDY, or detached service) while assigned to any of the following: (1) Army of Occupation of Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands. Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945. In addition, service that meets the requirements for the Korean Service Medal as prescribed in para 5 8 will not be counted in determining eligibility for this medal. (2) Army of Occupation of Korea between 3 September 1945 and 29 June 1949, inclusive. Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945. b. The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions, listed below. Additionally, one bronze service star is authorized for each campaign under certain conditions (combat). (1) Within the territorial limits of Korea or in waters immediately adjacent thereto. (2) With a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea. (3) Was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea. b. The service prescribed must have been performed under any of the following conditions: (1) On permanent assignment; (2) On TDY for 30 consecutive days or 60 nonconsecutive days; or (3) In active combat against the enemy under conditions other than those prescribed in paragraphs 2 27b(1) and (2), provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit. c. Foreign Decorations: Decorations received which have been tendered in recognition of active field service in connection with combat operations or which have been awarded for outstanding or unusually meritorious performance may be accepted and worn upon receiving the approval from the Army. The only emblems currently authorized for wear on the uniform to indicate a foreign decoration received by a unit are the French and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine Republic Presidential Unit Citation Badge, the Republic of Korea Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Medal Unit Citation Badges. Only the French Fourragere and the Republic of Korea Presidential Unit Citation are authorized for temporary wear; temporary wear of the Republic of Korea Presidential Unit Citation is limited to wear while assigned to units in Korea. d. The Republic of Korea Presidential Unit Citation is awarded by the Korean government. No 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006150 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1