RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2007
DOCKET NUMBER: AR20060017261
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.
Ms. Catherine C. Mitrano
Director
Mrs. Phyllis M. Perkins
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. William Blakley
Member
Mr. Donald L. Lewy
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 that his records be corrected to show award of the Korean Service Medal and all other awards he is entitled to during his tour in Korea.
2. The applicant states, in effect, that he did not know there were awards for serving overseas.
3. The applicant provides a copy of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's service personnel records show he enlisted in the Regular Army for a period of three years on 17 November 1960. Records show he was awarded military occupational specialty (MOS) 523.1 (Refrigeration Specialist). The applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the Korean Service Medal.
4. Section 5 (Service outside Continental United States) of the applicant's DA Form 24 (Service Record) shows that he was credited with the following tours of overseas services: in Japan during the period 30 April 1961 to 5 May 1961 and in Korea during the period 5 May 1961 to 24 July 1962.
5. 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 operation between 27 June 1950 and 27 July 1954.
6. Review of the applicant's personnel records indicated that he is entitled to additional awards that are not shown on his DD Form 214.
7. Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive. This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to the Korean Service Medal and all other awards he should have received while stationed in Korea.
2. Evidence confirms that the applicant served in Korea from 5 May 1961 to 24 July 1962. However, governing regulation states the Korean Service Medal is awarded for qualifying service between 27 June 1950 and 27 July 1954. There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he served a qualifying period of service. Therefore, there is no basis to grant the award of the Korean Service Medal in this case.
3. Records show that the applicant served a qualifying period of service for award of the National Defense Service Medal. Therefore, he is entitled to correction of his records to show this award.
4. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_WDP___ __WB___ __DL____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the National Defense Service Medal.
_William D. Powers
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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