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Decision Text

ARMY | BCMR | CY1997 | 9710838
Original file (9710838.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, award of the Korean Service Medal in order to obtain a “Korean Veteran” license plate issued by the state of Illinois. He notes he “was in Camp Drake, Japan in July and August 1951.” In support of his request the applicant submits a photograph of his “Korean Medal.”
PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD : Attempts to locate the applicant’s military personnel file were not successful. The following information was reconstructed based on information provided by the applicant and entries on his DD Form 214 (report of separation).

The applicant was a member of the Army Reserve when he was ordered to active duty on 2 October 1950. He remained on active duty until 2 September 1951 when he reverted to his enlisted status. Item 26 (foreign and/or sea service) indicates he served 4 months and 25 days in an overseas area with the 24 th Company, 8319 th Army Unit, APO 957.

Telephonic information from the Military Postal Activity revealed that APO 957 was assigned to organizations based in Hawaii during the period in question.

Item 27 (awards) on the applicant’s DD Form 214 indicates he was authorized the Army of Occupation Medal for Japan at the time of his separation. However, in 1959 his DD Form 214 was corrected, apparently at his request, to delete the Army of Occupation Medal and authorize him the National Defense Service Medal. The applicant’s unit was not credited with occupation service while in Japan and as such he would not have been entitled to the Army of Occupation Medal for Japan.

The photograph submitted with the applicant’s request is of the United Nations Service Medal which was established by the United Nations General Assembly in December 1950 and accepted for issuance to members of the Armed Forces by the President in November 1951. It was awarded to individuals “dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea” between 27 June 1950 and 27 July 1954. Individuals must have served within the territorial limits of Korea or waters immediately adjacent thereto or in the air over Korea or over such waters.

The Korean Service Medal was established in November 1950 and awarded for service with the territorial limits of Korea or in waters immediately adjacent thereto between 27 June 1950 and 27 July 1954. In the absence of evidence that the applicant served in Korea during the period in question he would not be eligible for either the Korean Service Medal or the United Nations Service Medal.

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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION : The alleged error or injustice was, or with reasonable diligence should have been discovered on
2 September 1951, the date of separation. The time for the applicant to file a request for correction of any error or injustice expired on 2 September 1954.

The application is dated 2 September 1997 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to




grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE :

EXCUSE FAILURE TO TIMELY FILE

GRANT FORMAL HEARING

CONCUR WITH DETERMINATION




                  Karl F. Schneider
                  Acting Director

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