IN THE CASE OF:

		BOARD DATE:	    6 December 2012

		DOCKET NUMBER:  AR20120010420 


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.

2.  The applicant states he served in Korea from April 1957 to July 1958.  The letter from the National Personnel Records Center (NPRC), St. Louis, MO, states it checked the morning reports for the 24th Division for 1958.  He believes by 1958 the 1st Cavalry Division had replaced the 24th Division in Korea.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from the NPRC, dated 14 May 2012

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.  His 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 his records were lost or destroyed in that fire.  The only records available are his separation orders and his DD Form 214.

3.  He was inducted into the Army of the United States on 29 October 1956.  He completed basic combat and advanced individual training and was awarded military occupational specialty 630 (Automotive Maintenance Helper).

4.  On 21 November 1958, he was released from active duty.  He completed 2 years and 22 days of active service that was characterized as honorable.  His DD Form 214 contains the following information:

	a.  item 12 (Last Duty Assignment and Major Command) shows U.S. Army Garrison, Fort MacArthur, CA;

	b.  item 24c (Foreign and/or Sea Service) shows 1 year, 3 months, and 19 days; and

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Although foreign service is shown in item 24c, there are no records available to show the country he served in, the unit(s) he was assigned to, or the dates he was assigned to the units.

6.  In a letter, dated 14 May 2012, the NPRC stated it was unable to verify his eligibility for the Korea Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.


DISCUSSION AND CONCLUSIONS:

Although his DD Form 214 shows he served 1 year, 3 months, and 19 days of foreign and/or sea service, there are no records available to show the country he served in, the unit(s) he was assigned to, or the dates he was assigned to the units.  Therefore, there is insufficient basis on which to authorize the Korea Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20120010420



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ABCMR Record of Proceedings (cont)                                         AR20120010420



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