RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050006766


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael 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 foreign
service in Korea.  He requests, in effect, award of the Korea Defense
Service Medal

2.  The applicant states he received the Good Conduct Medal and the
National Defense Service Medal.  He states he served in Korea, but item 24c
(Foreign and/Or Sea Service) on his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) does not reflect he served in
Korea.  He states he tried to apply for the newest Korea Defense Service
Medal and he was told that his DD Form 214 did not show Korea service.  He
further states he served in the 24th Mechanized Infantry, 34th Regiment in
Korea as a tank mechanic, was injured twice, and went to the Mobile Army
Surgical Hospital (MASH) unit on two occasions.

3.  The applicant provides a copy of his DD Form 214, a newspaper article,
a copy of a Christmas card, a journal of his military service, a list of
Soldiers and photos.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 27 November 1957.  The application submitted in this case is dated 26
April 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.  This case is being considered using reconstructed records, which
primarily consist of his DD Form 214.

4.  The applicant enlisted in the Regular Army on 29 November 1954 for a
period of three years.  He completed training as a wheel vehicle mechanic
and track vehicle mechanic at Fort Knox, Kentucky.


5.  The applicant provided a copy of a newspaper article which states
"PFC [applicant's name], son of Mr. and Mrs. ___________, __________, is a
member of the 24th Infantry Division in Korea…[applicant's name], a
mechanic in Service Company of the division's 34th Regiment, entered the
Army in November 1954 and received basic training at Fort Knox, Ky.  He
arrived in the Far East in August 1955."

6.  The applicant was honorably released from active duty on 27 November
1957.  He completed 2 years, 11 months and 29 days of active military
service.  His DD Form 214 shows he was awarded the Good Conduct Medal.

7.  Item 24c on the applicant's DD Form 214 shows he completed 1 year,
4 months and 2 days of foreign service.  His DD Form 214 does not indicate
the location he served during this period of time.

8.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
version in effect at the time directed that foreign service performed
during the period covered by the DD Form 214 will be entered in item 24c of
the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he served 1 year, 4 months and 2 days
of foreign service.

2.  There is no evidence of record available other than the newspaper
article submitted by the applicant which shows he served in Korea.  This
document is insufficient as a basis for correction of the applicant's DD
Form 214 to show he served in Korea.  If the applicant could provide
official records such as morning report entries showing when he arrived or
was hospitalized, or departed for a unit in Korea, his request could be
reconsidered.

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


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 November 1957; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 November 1960.  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:

________  ________  ________  GRANT FULL RELIEF

JS______  LH______  MF______  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 he was awarded
the National Defense Service 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
showing he served in Korea or meets the eligibility criteria for award of
the Korea Defense Service Medal.




                            John Slone____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006766                           |
|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        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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