IN THE CASE OF:	  

		BOARD DATE:	    10 February 2011

		DOCKET NUMBER:  AR20100018187 


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 award of the Korean Service Medal and the Korea Defense Service Medal.

2.  The applicant states he is authorized the above awards due to his service in the Korean War.  The awards do not appear on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

3.  The applicant provides copies of a DD Form 214, WD AGO Form 100 (Separation Qualification Record), an Honorable Discharge Certificate for WWII service, and a DA AGO Form 0150-4 (Transcript from Enlisted Record).

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only records available to the Board were some service medical records, a DD Form 214, a WD AGO Form 53-55, and the documents provided by the applicant.

3.  The applicant served on active duty in the Air Corps from 19 September 1945 through 23 November 1945 and in the Regular Army from 24 November 1945 through 15 April 1946 and he was honorably discharged due to being a minor.

4.  On 1 September 1950, he was inducted into the Army of the United States.  He was released from active duty on 31 August 1952 and transferred to the Enlisted Reserve Corps.

5.  The available evidence does not provide a clear indication where the applicant served during his second enlistment and none of the available documents reference service in Korea. 

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

	a.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954; and

	b.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he is authorized the awards due to his service in the Korean War.  The awards do not appear on his DD Form 214. 

2.  The applicant has not provided any evidence and the evidence that is available does not indicate where the applicant served during his second period of service.  

3.  The Korea Defense Service Medal is awarded from service in Korea on and after 28 July 1954.  The available evidence shows the applicant separated in August 1952; therefore, there is insufficient evidence to show he is eligible for this award.

4.  Without the ability to verify the location of the applicant's service it is impossible to confirm that he is eligible for the Korea Service Medal; therefore, it is inappropriate to afford him any relief at this time.

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)                                         AR20100018187



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ABCMR Record of Proceedings (cont)                                         AR20100018187



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