RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 September 2005
      DOCKET NUMBER:  AR20050001915


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Larry Olson                   |     |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, correction of his military records
to show award of the United Nations Service Medal, the National Defense
Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  The applicant provides no explanation.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United State) and an Authorization for
Issuance of Awards, dated 8 June 1954.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 September 1951.  The application submitted in this case is dated
29 December 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’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.

4.  The applicant was ordered to active duty on 17 October 1950.  He served
in Korea and was released from active duty on 10 September 1951.

5.  The applicant's DD Form 214 shows the Republic of Korea Presidential
Unit Citation, the Korean Service Medal with four bronze service stars, the
United Nations Service Medal, and the Distinguished Unit Citation as
authorized awards. Since the United Nations Service Medal and the Republic
of Korea Presidential Unit Citation are shown on his DD Form 214, this
portion of the applicant’s requests will not be discussed further in these
Proceedings.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the National Defense Service Medal is awarded for honorable active
service for any period between 27 July 1950 through 27 July 1954, 1 January
1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

7.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

8.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12,
Randolph Air Force Base, Texas 78150-4714.  A sample request form is being
provided to the applicant.  Once the Korean War Service Medal has been
authorized by the Department of the Air Force, the applicant may apply to
the Army Board for Correction of Military Records to add this foreign award
to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

2.  Records show the applicant should have discovered the alleged errors
now under consideration on 10 September 1951; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 9 September 1954.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:

JM_____  _WP_____  LO_____  GRANT 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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was awarded the
National Defense Service Medal.



            ___John Meixell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001915                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0069                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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