RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060005671


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Bernard Ingold                |     |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 military records be
corrected to show an unspecified badge and that he served in Korea.

2.  The applicant states, in effect, that the unspecified badge was
presented to him while he was serving in Korea assigned to the 32nd
Infantry Regiment.  He contends that the badge has the 7th Infantry
Division hourglass in the middle of it.  He further states that he lived a
hell of a life overseas, that he was cold and hungry, that people were
dying, and that he cannot prove he was there.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States); two photographs of an
unspecified medal; numerous copies of his service personnel records; and a
letter, dated
11 April 2006, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 January 1953.  The application submitted in this case is dated 28 March
2006.

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.

4.  The applicant was inducted on 19 January 1951.  He served as an
infantryman in Korea and was released from active duty on 17 January 1953.

5.  The applicant's DD Form 214 shows the Combat Infantryman Badge, the
Korean Service Medal with one bronze service star, and the United Nations
Service Medal as authorized awards.  His DD Form 214 also shows that he
served approximately 8 months of foreign service.

6.  The applicant’s inclusive dates of service in Korea are not available.

7.  Army Regulation 600-8-22 (Military Awards) does not show local unit
badges as authorized awards.

8.  Army Regulation 600-8-22 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.

9.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant contends that the unspecified badge has the 7th
Infantry Division hourglass in the middle of it, it appears that the badge
was a local unit award and not an authorized military award governed by the
awards regulation.  Therefore, there is no basis for granting the
applicant’s request to correct his military records to show this badge.

2.  Although the applicant contends that he cannot prove he served in
Korea, and his inclusive dates of service in Korea are not available, his
DD Form 214 shows that he was awarded the Korean Service Medal with one
bronze service star for his service in Korea.  His DD Form 214 also shows
that he served approximately 8 months of foreign service, which was
presumably in Korea.

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

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 17 January 1953; therefore, the time for the
applicant to file a request for correction of any error expired on 16
January 1956.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished 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

JA______  _JM_____  BI_____  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.

3.  The Board determined that administrative errors 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 that he was awarded the National Defense Service Medal and the ROK-
KWSM.



                                  ____James Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005671                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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