IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019561


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 correction of his military records to show award of the Korea Defense Service Medal (KDSM).

2.  The applicant states the KDSM was issued after his discharge from the Army.

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

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  This case is being considered using a reconstructed record which primarily consists of his DD Form 214 and DD Form 215 (Correction to DD Form 214).

3.  The applicant was inducted into the Army of the United States on 29 March 1954.  He was trained in and awarded military occupational specialty 716.10 (Operations Specialist).

4.  On 14 February 1956, he was honorably released from active duty after completing 1 year, 10 months, and 16 days of creditable active duty service of which 1 year, 4 months, and 18 days were foreign service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

5.  The applicant's records contain a DD Form 215, dated 8 October 2003, which shows he was awarded or authorized the Korean Service Medal and United Nations Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  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 from 28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the KDSM.  There is sufficient evidence to support this claim.

2.  The KDSM is authorized for service in Korea from 28 July 1954 to a date to be determined.  While his records do not specifically show the location or dates of his foreign service, his 1 year, 4 months, and 18 days of foreign service performed between 29 March 1954 and 14 February 1956 combined with his award of the KSM confirms his Korean service during this period.  Therefore, he is authorized award of the KDSM and it should be added to his DD Form 214 at this time.


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 award of the KDSM to his DD Form 214.



      _____________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)                                         AR20120019561



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ABCMR Record of Proceedings (cont)                                         AR20120019561



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