RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20050001142


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his records to show award of the
Korean Service Medal.

2.  The applicant states, in effect, that he served with the 111th Chemical
Supply Company, 476th Chemical Battalion during the period 1 March 1954
though 9 September 1954.  He further states that his unit's mission was to
provide direct support to Korean Operations with chemical supplies and
materials.

3.  The applicant provides a DD Form 214 (Report of Separation from the
Armed Forces of the United States) and a magazine article entitled
"Campaign Medal for Korean War a VFW Qualifier for 52 Years."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 December 1955.  The application submitted in this case is
dated 11 January 2005.

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, this
case is being considered using reconstructed records, which primarily
consist of his DD Form 214.

4.  The applicant's DD Form 214 shows he enlisted in the Army on 8 December
1953.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) does not show award of the Korean
Service Medal.  The applicant was honorably discharged on 1 December 1955.



5.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, the regulation states that the
Korean Service Medal is awarded for qualifying service in the theater of
operations between 27 June 1950 and 27 July 1954 or within the territorial
limits of Korea or in waters immediately adjacent thereto or with a unit
under the operational control of the Commander in Chief, Far East, other
than one within the territorial limits of Korea, which has been designated
by the Commander in Chief, Far East, as having directly supported the
military efforts in Korea or was furnished an individual certificate by the
Commander in Chief, Far East, testifying to material contribution made in
direct support of the military efforts in Korea.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant did not serve in Korea nor
has he provided any evidence that the 111th Chemical Supply Company, 476th
Chemical Battalion, fell under the control of, was designated as having
directly supported, or furnished a certificate from the Commander in Chief,
Far East testifying to material contribution made in direct support of, the
military efforts in Korea.  Therefore, the applicant is not eligible for
award of the Korean Service Medal.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 December 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 November 1958.  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

_ PMS __  _ _ YM __  __ LGH _  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.




                                  ____ Mr. Paul M. Smith __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001142                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0070.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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