IN THE CASE OF: BOARD DATE: 19 March 2015 DOCKET NUMBER: AR20140012114 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the United Nations Service Medal. 2. He does not provide a reason for his request. 3. He provides his DD Form 214. 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 to the ABCMR 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. This case is being considered using the documents provided by the applicant. 3. Records available to the Board show the applicant was inducted into the Army of the United States on 15 December 1950. Item 19 (Date and Place of Entry into Active Service) of his DD Form 214 lists the year as 1952 instead of 1950. 4. The exact dates of his service in the Republic of Korea are unknown; however, his DD Form 214 credits him with 5 months and 23 days of foreign service. 5. He was honorably released from active duty on 15 September 1952. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Combat Infantryman Badge * Purple Heart * Korean Service Medal with one bronze service star 6. Army Regulation 600-8-22 (Military Awards) states: a. The period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954. c. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was awarded the Korean Service Medal with one bronze service star. Therefore he is entitled to award of the United Nations Service Medal and correction of his DD Form 214 to show this award. 2. In accordance with the applicable regulation, he is authorized the National Defense Service Medal based on his service from 15 September 1950 through 15 December 1952. Therefore, it would be appropriate to correct his DD Form 214 to show this medal. 3. Although the exact dates of his service in the Republic of Korea are unknown, the evidence of record shows he served 5 months and 23 days of foreign service, presumably in Korea, between his date of entry on active duty (15 December 1950) and his effective date of his separation (15 December 1952). Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Korea War Service Medal. 4. The evidence of record also shows his record incorrectly shows his year of entry on active duty as 1952 instead of 1950, the same year of his induction. Therefore, although not requested, his DD Form 214 should be corrected accordingly. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. deleting from item 19 of his DD Form 214 the year "1952" and adding "1950" and b. adding to item 27 of his DD Form 214 the: * National Defense Service Medal * United Nations Service Medal * Republic of Korea War Service Medal __________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) AR20140012114 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012114 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1