IN THE CASE OF: BOARD DATE: 13 July 2010 DOCKET NUMBER: AR20100001022 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 he be awarded the Korea Defense Service Medal (KDSM) and any other awards to which he is entitled. 2. The applicant states that he served in Korea from December 1955 to March 1957 and he believes that he is entitled to the KDSM as a minimum. He goes on to state that he believes he may be entitled to additional awards as well. He continues by stating that he serves as government civil servant and service medals and campaigns are a factor in determining benefits. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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. The applicant’s military records are not available 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 to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army in Phoenix, Arizona on 30 June 1955. He completed his training in basic army administration and was awarded the military occupational specialty of a clerk-typist. He was advanced to the pay grade of E-2 on 30 October 1955 and to the rank of specialist three on 23 November 1956. 4. His records show that he served 1 year, 4 months and 1 day of foreign or sea service; however, it does not specify where he performed that service. 5. On 13 September 1957, he was honorably released from active duty (REFRAD) at the Presidio of San Francisco, California due to hardship prior to the expiration of his term of service (PETS). He had served 2 years, 2 months and 14 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he had no awards or decorations. 6. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal (KDSM). This message specified criteria for the award of the Korea Defense Service Medal as follows: a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) 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 areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant’s claim that he served in Korea is not in doubt, there simply is no evidence in the available records to establish where the applicant served overseas or the dates he served. 2. Unfortunately, the absence of records makes it difficult at best to make a determination in his case. While it is understood that the KDSM did not exist at the time he served, there must be more conclusive evidence to establish his entitlement to that award. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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) AR20100001022 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100001022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1