RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 January 2007
DOCKET NUMBER: AR20060008978
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. Jeffrey Redmann | |Chairperson |
| |Mr. Rodney Barber | |Member |
| |Mr. David Tucker | |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, award of the Korean Service Medal.
2. The applicant states, in effect, that in early 1951 during the Korean
War era his unit, while on patrol along the East German-Czech border, was
rescued by North Atlantic Treaty Organization forces in an incident that,
according to the news media, almost started World War III. He also states
that his unit was involved in stopping riots incited by the communists.
3. The applicant provides a DD Form 215 (Correction to DD Form 214) and a
copy of his DD Form 214 (Report of Separation from the Armed Forces of the
Untied States).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
6 October 1952. The application submitted in this case is dated 19 June
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. Having prior service in the U.S. Naval Reserve, the applicant enlisted
in the Regular Army on 19 April 1950 for a period of 2 years. He served in
Europe and was released from active duty on 6 October 1952.
5. The applicant's DD Form 214 shows the Army of Occupation Medal with
Germany Clasp as an authorized award.
6. There is no evidence of record which shows the applicant served in
Korea between 27 June 1950 and 27 July 1954.
7. A DD Form 215, dated 7 August 2000, amended the applicant’s DD Form 214
to show the Good Conduct Medal, the National Defense Service Medal, and the
United Nations Service Medal.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal. In pertinent part, the regulation states that the
Korean Service Medal is awarded for qualifying service in the theater of
operations (i.e., in Korea) between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve a period of qualifying service for award of
the Korean Service Medal.
2. Records show the applicant should have discovered the alleged error now
under consideration on 6 October 1952; therefore, the time for the
applicant to file a request for correction of any error expired on 5
October 1955. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JR_____ __RB____ _DT_____ 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.
__Jeffrey Redmann_____
CHAIRPERSON
INDEX
|CASE ID |AR20060008978 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070118 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0070 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2012 | 20120019595
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded or authorized the Korean Service Medal with 3 bronze service stars, for service in the Republic of Korea during the period 15 June 1951 through 7 March 1952. The applicant provides: * a letter from the National Personnel Records Center, St. Louis, MO, dated 28 September 2012 * his DD Form 214, for the period ending 4 August 1952 * DD Form 215...
ARMY | BCMR | CY2006 | 20060012256C071029
The applicant states, in effect, he was wounded in action in Korea on 24 October 1952, but the PH is not included in the list of awards contained in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2010 | 20100027434
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Presidential Unit Citation and three campaign stars (properly known as bronze service stars). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the applicant's DD Form 214 and two DD Forms 215,...
ARMY | BCMR | CY2012 | 20120019926
The applicant's military service records are not available to the Board for review. Based on the available evidence, a calculation of the approximate period of his service in Korea shows the following: 1951 01 02 approximate date of deployment to Korea + 0 11 24 total foreign service (from DD Form 214) = 1951 12 26 or 26 December 1951 - date returned to United States c. Thus, based on the available evidence, it is reasonable to conclude that the applicant served in Korea from 2 January 1951...
ARMY | BCMR | CY2006 | 20060011968C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20060011968 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. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple...
ARMY | BCMR | CY2001 | 2001059955C070421
The DD Form 214 for the period 24 October 1950 to 5 September 1952, block 29 (wounds received as a result of action with enemy forces), contains the entry “Near Wonju Korea – 12 Feb 51.” The evidence of record supports the applicant’s contention that he was awarded the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, KSM, UNSM and NDSM.
ARMY | BCMR | CY2006 | AR20060010665C071029
He also requests that the Army Commendation Medal and the Korea Defense Service Medal be included on his DD Form 214. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2010 | 20100014475
The applicants military records are not available to the Board for review. On 6 January 2010, the ABCMR sent him a letter stating a review of his records showed a DD Form 215 was issued on 29 August 2006 which awarded him the Korean Service Medal with two bronze service stars. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2013 | 20130019453
The applicant's military records are not available to the Board for review. General Orders Number 362, issued by Headquarters, 2nd Infantry Division on 27 August 1954, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States, during the period 30 June 1953 through 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a...
ARMY | BCMR | CY2006 | 20060005025C070205
The applicant’s military records are not available to the Board for review. The medical evidence of record and the entry on the Korean Casualty Roster which show the applicant was wounded in action on 23 March 1951 in Korea are accepted as sufficient evidence on which to base award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 23...