IN THE CASE OF:	

		BOARD DATE:	 30 March 2010 

		DOCKET NUMBER:  AR20090015936 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that she be awarded of the Korean Service Medal, the National Defense Service Medal, and any other awards to which she is entitled but has not been awarded.

2.  The applicant states she was aboard the Military Sea Transportation Service USS General A. E. Anderson from 17 April 1951 through 6 May 1951.  This vessel departed San Francisco, CA, on 17 April 1951 stopping at Pusan, Korea, before proceeding on to Yokohama, Japan, and to Okinawa.  She believes this qualifies her for award of the Korean Service Medal.

3.  The applicant provides a copy of her DD Form 214 (Report of Separation from the Armed Forces of the United States).

4.  She indicated on her application that a State representative of the Veterans of Foreign Wars would act as counsel.  Counsel provides no statement in support of her request.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The applicant's DD Form 214 provides the following:

	a.  service in the Enlisted Reserve Corps Women's Army Corps (WAC) as a dental technician;

	b.  service on active duty from 18 December 1950 through 15 August 1951 with 1 year and 7 days of prior service;

	c.  assignment to the Rycom WAC Detachment, 8117th Army Unit, with duty at the 8114th Army Unit, Ryukyus Army Hospital, on Okinawa; and

	d.  award of the Army of Occupation Medal with Japan clasp.

4.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 to personnel who served within the territorial limits of Korea or in the waters immediately adjacent thereto who were on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days and

	b.  the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she was aboard the USS General A. E. Anderson from 17 April 1951 through 6 May 1951 and transited through Pusan, Korea, on her way to duty in Okinawa.

2.  The applicant served during a period for which the National Defense Service Medal is authorized.  It is appropriate to authorize her this medal.

3.  Unfortunately, even if the stay in Korea were documented, the period was less than the required 30 days.  The applicant does not qualify for the Korean Service Medal.

4.  Due to the loss of her official military records in the National Personnel Records Center fire, it is impossible to determine if the applicant is entitled to, was awarded, or is authorized any additional awards or decorations based on the available documentation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding the National Defense Service Medal to her DD Form 214.

2.  The Board further determined that 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 any additional awards.



      ____________X_____________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090015936



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ABCMR Record of Proceedings (cont)                                         AR20090015936



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