RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 May 2005
      DOCKET NUMBER:  AR20040005127


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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 the National Defense Service
Medal (NDSM) and any other awards to which he is entitled be added to his
separation document (DD Form 214).

2.  The applicant states, in effect, his DD Form 214 does not reflect all
the awards and decorations to which he is entitled, which includes the
NDSM.  He also indicates he believes he is entitled to a service medal for
his Korea service in 1955.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 May 1957.  The application submitted in this case is
dated 28 July 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 limitations 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’s 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 that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using a reconstructed record that primarily consists of the
applicant’s DD Form 214.

4.  The applicant’s DD Form 214 confirms that he was inducted into the Army
and entered active duty on 20 July 1955.  He continuously served on active
duty for 1 year, 9 months and 12 days until 1 May 1957, at which time he
was honorably released from active duty (REFRAD).

5.  The separation document also shows that he held and served in the
military occupational specialty (MOS) 112.10 (Heavy Weapons Infantryman).
It also shows that he attained the rank of specialist three (SP3) on 27
August 1956 and that this is the rank he held on the date of his REFRAD.

6.  The DD Form 214 further shows that the applicant completed 1 year,
4 months and 11 days of foreign service and that his last duty assignment
prior to separation was Company D, 17th Infantry Regiment, APO 7.  It also
confirms he was separated under Overseas Returnee provisions of the
regulation, and that he earned the Army Good Conduct Medal during his
active duty tenure.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-10 contains guidance on award of the NDSM.  It states,
in pertinent part, that it was awarded for honorable active service for any
period between 27 June 1950 and 27 July 1954, between 1 January 1961 and
14 August 1974, and 2 August 1990.  It was not authorized during the period
between 20 July 1955 and 1 May 1957, the period the applicant served on
active duty.

8.  Paragraph 5-8 of the awards regulation contains guidance on award of
the Korean Defense Service Medal.  It states, in pertinent part, that it
was awarded for service in Korea between 27 June 1950 and 27 July 1954.  It
was not authorized for service performed in Korea after 27 July 1954.

9.  On 3 February 2004, The Secretary of Defense approved the criteria for
the Korean Defense Service Medal (KDSM).  It is authorized to members who
served on active duty in Korea from 28 July 1954 to a date to be
determined.

10.  The historical records of the 7th Infantry Division confirm the 17th
Infantry Regiment was part of the division during its service in Korea, and
was awarded the Republic of Korea Presidential Unit Citation for the period
1953-1957.  Further, the Military Postal History Society world wide web
page confirms that APO 7 was located in Korea during the period the
applicant was serving on active duty.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the NDSM and to a
medal for his service in Korea was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The governing awards regulation does not authorize award of the NDSM
during the period the applicant served on active duty.  Further, award of
the Korean Service Medal was not authorized for service in that country
after 27 July 1954.  Therefore, since the applicant did not enter active
duty until 20 July 1955, he was not eligible for either of these awards.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1957.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
30 April 1969.  However, he failed to 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.

3.  The available evidence does confirm that based on his service in Korea,
the applicant is entitled to the KDSM and Republic of Korea Presidential
Unit Citation, which were authorized subsequent to his separation from
active duty.  The omission of these awards from his separation document is
an administrative matter that does not require Board action.  Thus,
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___DJA _  __PM ___  ___SLP _  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.

3.  The Board determined that there is an administrative omission in the
records of the individual concerned that should be corrected.  Therefore,
the Board requests that the CMSD-St. Louis correct the records of the
individual concerned to show his entitlement to the Korean Defense Service
Medal and Republic of Korea Presidential Unit Citation; and by providing
him a corrected separation document that includes these awards.




            ____Shirley L. Powell_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005127                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1957/05/01                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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