RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       14 December 2005
      DOCKET NUMBER:  AR20050001996


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his correct
rank, the Korea Defense Service Medal (KDSM), and the Korean War Service
Medal.

2.  The applicant states that his rank should be shown as specialist four
[Corporal] and that his DD Form 214 (Report of Separation from the Armed
Forces of the United States) does not show the KDSM and the Republic of
Korea War Service Medal.

3.  The applicant also stated that he was awarded the New Jersey
Distinguished Service Medal.

4.  The applicant provides a self-authored statement, a copy of his DD Form
214, Permanent Orders Number 51-01 awarding the Army Good Conduct Medal,
and a discharge certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 October 1955.  The application submitted in this case is
dated 1 February 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, 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 reconstructed records, which primarily consist of the
applicant’s DD Form 214.

4.  The applicant’s DD Form 214 shows that he was honorably released from
active duty on 21 October 1955, after completing a total of 2 years, 11
months and 29 days of active military service.

5.  Item 3 (Grade-Rate-Rank and Date of Appointment) of the applicant’s
DD Form 214 contains an entry indicating that the applicant held the rank
of specialist third class (SPC 3) on the date of his separation.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that during his tenure on active duty, he earned the Korean Service
Medal with 1 bronze service star, the United Nations Service Medal, and the
National Defense Service Medal.

7.  The applicant authenticated the DD Form 214 with his signature in Item
48 (Signature of Person Being Separated).

8.  The applicant’s record contains a DD Form 215 (Correction to DD Form
214), dated 25 February 2003.  This document shows the applicant’s DD Form
214 was corrected to show award of the Army Good Conduct Medal.

9.  The applicant provided a copy of his discharge from the Army of the
United States.  This certificate is dated 30 September 1960 and shows the
applicant honorably separated from the United States Army Reserve (USAR) in
the rank of Specialist 4 [Corporal] and that he served as Artillery branch
of the USAR.

10.  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 award.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal
to eligible veterans of all services.  To apply, veterans must provide a
copy of their discharge paper to the Awards and Decorations Section,
Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12,
Randolph Air Force Base, TX 78150-4714.  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.



11.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  In pertinent part, it states the DD Form
214 is a synopsis of the Soldier’s most recent period of continuous active
duty.  It provides a brief, clear-cut record of active Army service at the
time of release from active duty, retirement or discharge.

12.  The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004.  The KDSM is authorized to
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the rank listed on his DD Form 214 be
changed from SPC-3 to SPC-4 was carefully considered.  However, without the
applicant’s military records, it is impossible to determine whether he
still held this rank at the time of his discharge.  Further, there is a
properly constituted DD Form 214 on file that confirms he held the rank of
SPC-3 on the date he was separated.

2.  The applicant’s DD Form 214 was meant to be a snapshot in time to
provide a brief, clear-cut record of his active Army service at the time of
his release from active duty.  The applicant has provided no conclusive
evidence to support his claim that he was promoted to SPC-4 prior to his
release from active duty on 21 October 1955.

3.  The applicant provided a copy of his certificate of his honorable
discharge dated 30 September 1960.  This document showed his rank as SPC-4
and that he was assigned to the Artillery Branch of the USAR.  However,
this document only shows his rank as a member of the USAR and not while he
was on active duty.  Therefore, this document is insufficient as a basis to
justify correcting the applicant’s records.

4.  The applicant authenticated his DD Form 214 with his signature, thereby
verifying that the information it contained, to include his rank, was
correct when the DD Form 214 was prepared and issued.  There is also no
indication that he raised the rank issue at the time of separation or in
the more than 50 years that have since passed.  As a result, there is an
insufficient evidentiary basis to support changing his rank at this late
date.



5.  State awards are not authorized for placement on the DD Form 214.
However, the applicant served a qualifying period of service for award of
the Korea Defense Service Medal.  Therefore, he is entitled to correction
of his records to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1955; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 October 1958.  Although the applicant did not file
within the 3-year statute of limitations, it would be appropriate to waive
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JNS __  __LGH __  __MJF  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the Korea
Defense Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his records to show his rank as SPC-4.




                                  ____   John N. Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001996                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT-Partial)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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