DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1774-19 Ref: Signature Date From:Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 1552 (b) DoD Manual 1348.33 (Manual of Military Decorations and Awards) (c) SECNAVINST 1640.1H (Navy and Marine Corps Awards Manual) (d) SECNAV M-1650.1 (Navy and Marine Corps Awards Manual) Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure requesting a change to his Report of Separation from the Armed Forces of the United States (DD Form 214) dated 1 December 1953, to reflect his entitlement to the Combat Action Ribbon (CAR) and four other additional awards. Petitioner’s original service number was 1261953. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 30 April 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, and applicable statutes, regulations, policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy, and although enclosure (1) was not filed by Petitioner in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. b. The Petitioner served in the Marine Corps on active duty from 14 December 1951 to 1 December 1953, and he earned an honorable discharge upon his release from active duty. The Petitioner served in Korea from 4 October 1952 to 8 October 1953. While serving in the area of operations, the Petitioner performed duties as a service record book clerk-typist (MOS 0143). c. The Petitioner’s original DD Form 214 reflects entitlement to the following three awards: 1) Korean Service Medal (KSM) with three (3) bronze stars; 2) United Nations Service Medal (UNSM); and 3) National Defense Service Medal (NDSM). The Petitioner’s DD Form 214 does not mention entitlement to the CAR, the Republic of Korea Presidential Unit Citation (RKPUC), Republic of Korea War Service Medal (RKWSM), Navy and Marine Corps Overseas Service Ribbon (OSR), Marine Corps Good Conduct Medal (MCGCM), and the Rifle Marksmanship Badge. However, the Board noted that on Petitioner’s NAVMC 118(6), “Infantry Weapons Record Firing,” Petitioner qualified as Rifle Sharpshooter on 9 February 1952. d. Navy Personnel Command (NPC) (PERS-312) provided a Transmittal Letter dated 10 December 2018, and noted that Petitioner is entitled to the following four awards: 1) Republic of Korea Presidential Unit Citation (RKPUC); 2) Korean Service Medal (KSM) with three (3) bronze stars; 3) United Nations Service Medal (UNSM); and 4) National Defense Service Medal (NDSM). The Transmittal Letter does not mention entitlement to the CAR, RKWSM, OSR, MCGCM, or the Rifle Marksmanship Badge. The Board noted that the Petitioner served with a listed recipient command eligible to receive a RKPUC (1st Marine Division). e. References (c) and (d) list the eligibility requirements for the CAR. The principal eligibility criterion is, regardless of military occupational specialty or rating, the individual must have rendered satisfactory performance under enemy fire while actively participating in a ground or surface engagement. Neither service in a combat area, nor being awarded the Purple Heart Medal automatically makes a service member eligible for the CAR. The Board determined that there is no evidence in Petitioner’s record of service while in that he ever participated in qualifying ground or surface combat to earn the CAR. The Petitioner’s record describes his primary duties while in Korea as purely administrative in nature. Accordingly, the Board concluded the Petitioner was not eligible for the CAR. f. The MCGCM requires three years of continuous active duty service to be eligible. Unfortunately, even though the Petitioner earned an honorable discharge, the Board noted he served just shy of two years on active duty and thus didn’t qualify for the MCGCM. g. The OSR requires twelve months of cumulative service at an overseas duty station. While the Petitioner served the requisite length of time in Korea, the OSR eligibility date is only for service performed on or after 15 August 1974 with no retroactive application. Based on this eligibility criteria, the Board determined that the Petitioner did not qualify for the OSR. h. The RKWSM is awarded to military personnel who either served in or through some special duty deployed to and returned from the combat zone during the Korean War from 25 June 1950 to 27 July 1953. The Board concluded that the Petitioner met the eligibility criteria for the RKWSM. i. Accordingly, the Board determined that the Petitioner is additionally entitled to the RKPUC, RKWSM, and Rifle Marksmanship Badge (Sharpshooter). The Board concluded that their decision was consistent with current awards guidance as outlined in references (b) through (d). CONCLUSION: Upon review and consideration of all the evidence of record, NPC’s Transmittal Letter, and the Board’s own independent analysis, the Board determined that Petitioner’s request warrants partial relief. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a “Correction to DD Form 214, Certificate of Release or Discharge from Active Duty” (DD Form 215) for the period ending 1 December 1953, to indicate the entitlement to the following additional decorations, medals, badges, commendations, citations, and campaign ribbons in Block 27: 1) Republic of Korea Presidential Unit Citation; 2) Republic of Korea War Service Medal; and 3) Rifle Marksmanship Badge (Sharpshooter). Following the corrections to the DD Form 214 for the period ending 1 December 1953 indicating the revised entitlement to Petitioner’s decorations, medals, badges, commendations, citations, and campaign ribbons, that all other information currently listed on such DD Form 214 remain the same. That in the event that Petitioner’s DD Form 214 is obsolete and cannot be corrected through the use of a DD Form 215, that Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty reflecting the cumulative recommended corrections above, to include the awards as originally listed on Petitioner’s DD Form 214. That Petitioner be issued all new awards he is entitled to receive. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 30 January 2019. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.