RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         1 August 2006
      DOCKET NUMBER:  AR20050017063


      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. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 his Separation Document (DD
Form 214) be corrected to reflect his service in Korea, and that he be
awarded the Korean Service Medal (KSM).

2.  The applicant states, in effect, that because his service in Korea is
not properly documented on his DD Form 214, he is being denied membership
in the Veterans of Foreign Wars (VFW).  He states that he also believes he
is entitled to the KSM.

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 9 February 1960, the date of his separation from active
duty.  The application submitted in this case is dated 21 November 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 record shows that he was inducted into the Army and
entered active duty on 10 February 1958.  He was trained in, awarded, and
served in military occupational specialty (MOS) 941.10 (Cook), and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 29 (Foreign Service), that he served in the United States Army Pacific
(USARPAC) from 9 July 1958 through 24 July 1959.  His Service  Record
(DA Form 24) shows, in Section 5 (Service Outside Continental United
States), that during his overseas tour in USARPAC, he served in Korea.
Section 9 (Medals, Decorations, and Citations) is blank.

5.  On 9 February 1960, the applicant was honorably released from active
duty after completing 2 years of active military service.  Item 24c
(Foreign and/or Sea Service) of the DD Form 214 he was issued upon his
separation contains an entry verifying that he completed 1 year and 23 days
of overseas service while he was on active duty.  Item 26 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) contains the entry "None."  The applicant authenticated this
document with his signature in Item 34 (Signature of Person Being
Transferred or Discharged) on the date of his separation.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time required only that the total
amount of foreign service completed during the period covered by the DD
Form 214 be entered in Item 24c.  There were no provisions of the
regulation in effect at the time that required documenting the specific
country or area where the foreign service was completed on the DD Form 214.


7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 5-8 contains guidance on the Korean Service Medal.  It
states, in pertinent part, that this award is authorized for service in
Korea between
27 June 1950 and 27 July 1954.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

9.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he has suffered an injustice because
his separation document does not reflect that he performed his overseas
service in Korea and that he is entitled to the KSM were carefully
considered.  However, there is insufficient evidence to support these
claims.

2.  The regulation in effect at the time of the applicant's separation only
provided for entering the total amount of foreign service completed during
the period covered by the DD Form 214 in Item 24c.  In this case, the total
amount of the applicant's overseas service in Korea is properly recorded in
Item 24c of his separation document.

3.  The applicant's claim of entitlement to the KSM was also carefully
considered; however, the KSM was only authorized for service in Korea
between 27 June 1950 and 27 July 1954, during the Korean Conflict.  The
evidence of record confirms the applicant served in Korea from 9 July 1958
through 24 July 1959, which was after the Korean Conflict and subsequent to
the end date of qualifying period for the KSM.  Therefore, he is not
eligible to receive the KSM.

4.  Records show the applicant should have discovered the alleged error or
injustice related to documenting his Korea service on his DD Form 214 and
award of the KSM now under consideration on 9 February 1960, the date of
his separation from active duty.  Therefore, the time for him to file a
request for correction of any error or injustice expired on 8 February
1963.  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.

5.  The evidence of record does show that the applicant is entitled to the
KDSM based on his service in Korea from 9 July 1958 through 24 July 1959.
The omission of this award from his record and separation document is an
administrative matter that does not require Board action.  Therefore, his
record will be corrected 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

___KAN _  __CVM__  __YM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to his Korea service
being documented on his DD Form 214 or award of the Korean Service Medal.
Thus, 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 administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Korea Defense Service
Medal; and by providing him a correction to his separation document that
includes this change.




                            _____Kathleen A. Newman____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017063                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1960/02/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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