BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002849 


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 Korea Defense Service Medal (KDSM).

2.  He states he was stationed in Korea 80 miles north of Seoul near the demilitarized zone at Camp Page for 1 year and 25 days.

3.  He provides 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 FSM's complete 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's record shows he was inducted into the Army of the United States on 12 March 1956.

4.  His record contains:

	a.  DD Forms 2139 (Military Pay Vouchers) that show his organization and address was Headquarters,1st Missile Battalion (Honest John), 42d Artillery, Army Post Office (APO) 8 San Francisco (Korea), from 1 February to 18  August 1959,

	b.  a DD Form 2139, dated 8 December 1959, that shows the following information in item 11 (Remarks):

		(1)  he was due foreign duty pay from 1 September to 7 October 1959 and

		(2)  he departed his old duty station, 1st Missile Battalion (Honest John), 42d Artillery, Korea, on 18 September 1959; and

	c.  information from the Department of the Army Office of the Surgeon General Hospital Admission Cards for the period 1958-1963, dated 15 September 2009, that shows he was treated at the dispensary in South Korea in May 1959.

5.  On 18 December 1959, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 for this period does not show award of the KDSM.

6.  Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who 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:

The evidence of record shows the applicant served a qualifying period of service in Korea for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.



BOARD VOTE:

____x__  __x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to his DD Form 214 and issuing the medal to him.



      ___________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)                                         AR20120002849



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ABCMR Record of Proceedings (cont)                                         AR20120002849



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