RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060009953 


	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 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 he be awarded the United Nations Service Medal. 

2.  The applicant essentially states that he served in Japan for one and a half years during the Korean War, but was never awarded the United Nations Service Medal. 

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 10 November 1953, the date of his release from active duty.  The application submitted in this case is dated 6 July 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.  A portion of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  A portion of the applicant’s records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

4.  The available records show the applicant enlisted in the Regular Army on 
11 November 1947 for 3 years.  After completing basic and advanced individual training, he departed for Japan on or about 14 October 1948.  He initially served with Company C, 72nd Signal Service Battalion from 2 November 1948 to 
12 January 1949.  He was also assigned to other units during his tour in Japan, including Headquarters and Headquarters Battery, 40th Anti-Aircraft Artillery Brigade, and the Yokohama Signal Service Detachment.  On 11 November 1950, the applicant reenlisted for another 3 years.  He returned to the continental United States on or about 27 November 1951, and spent the majority of the remainder of his second enlistment at Fort Benning, Georgia.  On 10 November 1953, the applicant was honorably released from active duty.  The DD Form 214 (Report of Separation From the Armed Forces of the United States) issued at the time of his release from active duty shows that he was awarded the Good Conduct Medal with Clasp (to signify two awards of the Good Conduct Medal) and the National Defense Service Medal.  It was noted that the applicant’s 
DD Form 214 issued at the time of his reenlistment shows that he was also awarded the Army of Occupation Medal with Japan Clasp.  

5.  The applicant’s military records show he served in Japan, but there is no evidence that he was ever dispatched to Korea or adjacent areas on behalf of the United Nations.  There is also no evidence that any of his units in Japan were under the operational control of the Commander in Chief, Far East, and were designated by the Commander in Chief, Far East as having directly supported the military efforts in Korea.  

6.  The applicant did not furnish an individual certificate by the Commander in Chief, Far East, testifying that he made a material contribution in direct support of the military efforts in Korea.

7.  It was noted that the applicant was not awarded the Korean Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  It is also awarded to Soldiers assigned to a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea, or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the United Nations Service Medal.

2.  Although the applicant was stationed in Japan, there is no evidence that he that he was ever dispatched to Korea or adjacent areas on behalf of the United Nations.  There is also no evidence that any of his units in Japan were under the operational control of the Commander in Chief, Far East, and were designated by the Commander in Chief, Far East as having directly supported the military efforts in Korea.  Additionally, there is no evidence, and the applicant failed to provide any evidence which shows that he was furnished an individual certificate by the Commander in Chief, Far East which shows that he made a material contribution in direct support of the military efforts in Korea.  Further, the applicant was never awarded the Korean Service Medal.  In view of the foregoing, there is no basis for awarding the United Nations Service Medal to the applicant in this case.

3.  Records show the applicant should have discovered the alleged injustice now under consideration on 10 November 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 November 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JA___  __SF ___  ___RV___  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.




____James Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20060009953
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0085.0000
2.

3.

4.

5.

6.