RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 July 2007
DOCKET NUMBER: AR20070002438
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
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. David K. Haasenritter
Member
Mr. William Blakely
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 Korea Defense Service Medal and the Korea Duty Medal [correctly known as the Korean Service Medal].
2. The applicant states that he retired prior to authorization of these two medals. He further states that he understood both medals would be automatically awarded to him.
3. The applicant provides his 1966 reenlistment DD Form 214 (Certificate of Release or Discharge from Active Duty) and his retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 30 April 1980, the date of his transfer to the United States Army Reserve Control Group (Retired). The application submitted in this case is dated 7 February 2007.
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 applicants failure to timely file.
3. Records show that after having had prior service, the applicant entered active duty on 22 February 1963 and remained until he was honorably separated on 30 April 1980 for the purpose of early retirement. The DD Form 214 issued at the time of the applicant's separation shows that he served 7 years and 11 months of Foreign Service.
4. Block 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Korea Defense Service Medal or the Korean Service Medal.
5. Section I (Assignment Information) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in Korea during the period 22 February 1963 to 22 March 1963 for a total of 13 months.
6. 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 area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
7. Army Regulation 600-8-22 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 between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that the applicant served a qualifying period of service for award of the Korea Defense Service Medal. Therefore, he is entitled to correction of his records to show this award.
2. The Korean Service Medal is authorized for soldiers who served in Korea from 27 June 1950 to 27 July 1954. The applicant's records do not show any evidence nor did the applicant provide sufficient evidence to show he served a qualifying period of service for award of the Korean Service Medal. Therefore, he is not entitled to correction of his records to show this award.
3. The applicant's records show the applicant should have discovered the alleged error or injustice now under consideration on 30 April 1980; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 April 1983. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JS____ __DKH___ __WB____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period ending 30 April 1980, to show award of the Korea Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Korean Service Medal.
John Slone
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070002438
SUFFIX
RECON
DATE BOARDED
20070718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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