RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 March 2005
      DOCKET NUMBER:  AR20040003118


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be amended to show he
had foreign service in Korea and to award him both Korea service medals
(i.e., the Korean War Service Medal and the Korea Defense Service Medal).

2.  The applicant states that he was assigned to the 591st Military Police
(MP) Company and the 554th MP Escort Company.  Both units were responsible
for going into Korea and escorting prisoners, foreign and domestic, as well
as U. S. casualties back to Fort Bliss, TX or Fort Leavenworth, KS.  He did
spend time in Korea and he wants his records to reflect that he is entitled
to both Korea service medals.  Although he is very sick, if the Board rules
against him he will find a way to travel to see them.

3.  The applicant provides copies of his service personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1951.  The application submitted in this case is dated
5 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant initially enlisted in the Regular Army on 17 January
1947.  He was discharged on 9 April 1947 for minority.

4.  The applicant enlisted in the Regular Army on 13 July 1950.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 4677 (Military Policeman).

5.  On 9 September 1950, the applicant was assigned to the Leaders' Course
Detachment, Fort Bliss, TX.  On 5 October 1950, he was reassigned to the
591st MP Company, Fort Bliss, TX.  On 11 May 1951, he was reassigned to the
554th MP Escort Guard Company, Fort Bliss, TX.  On 26 June 1951, he was
reassigned back to the 591st MP Company.  On 30 July 1951, he was
discharged for fraudulent enlistment.
6.  The applicant's DA Form 24A (Service Record), section 14 (Service
Outside Continental United States) does not show that he served any time in
Korea.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 does not
show that he served any foreign service.

7.  The Korean War Service Medal is awarded for service during the period
     25 June 1950 to 27 July 1953 while on permanent assignment in Korea,
while on temporary duty in Korea for 30 consecutive days or 60
nonconsecutive days, or while as a crew member of aircraft in aerial flight
over Korea participating in actual combat operations or in support of
combat operations.

8.  The Korea Defense Service Medal is authorized for members of the Armed
Forces who have served on active duty in support of the defense of the
Republic of Korea from 28 July 1954 to a date to be determined.

9.  Army Regulation 15-185 governs operations of the ABCMR.  Paragraph
   2-11 of this regulation states that applicants do not have a right to a
hearing before the ABCMR.  The regulation provides that the Director of the
ABCMR or the ABCMR may grant a formal hearing before which the applicant,
counsel, and witnesses may appear whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none, such as
travel orders or pay vouchers, to show he traveled to Korea in the
performance of MP escort duties.  Without such evidence, there is no basis
on which his records could be corrected to show he served any foreign
service.

2.  In addition, unless the applicant had been in Korea on temporary duty
for at least 30 consecutive days or 60 nonconsecutive days, he would not
meet the eligibility criteria for award of the Korean War Service Medal.

3.  The applicant does not meet the eligibility criteria for award of the
Korea Defense Service Medal as he was discharged on 30 July 1951, before
the          28 July 1954 start date of the award eligibility period.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 July 1951, the date his DD Form 214
failed to show he served any foreign service.  Therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on         29 July 1954.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __bje___  __pms___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003118                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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