RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070002757 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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, all awards that he may be entitled to for his service in the U.S. Army and a copy of his medical records.

2.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
8 November 1958.

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 applicant’s 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 applicant’s 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 military service 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 military service records, which would have included his medical records, were lost or destroyed in that fire.  As a result, the applicant's request for a copy of his medical records can not be accommodated and, therefore, will not be discussed further in this Record of Proceedings.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case with respect to the applicant’s request for awards.

3.  The applicant's reconstructed military service record shows that he was inducted into the Army of the United States on 7 November 1956.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 140.00 (Field Artillery, Basic).  He was assigned to Mortar Battery, 1st Battle Group, 7th Cavalry in the Republic of Korea from 12 April 1957 to 12 August 1958.

4.  The applicant's DD Form 214, with an effective date of 8 November 1958, shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized) the entry, “None” and Item 32 (Remarks) shows, in pertinent part, that the applicant had 3 days lost time during the period under review.  This document also shows that the applicant was honorably released from active duty on 8 November 1958 after completing a total of 1 year, 11 months, and 29 days active service.

5.  The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, message, dated 9 February 2004, published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows: a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

6.  As a matter of information for the applicant, in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  However, the applicant may submit an application for the certificate to the  Commander, U.S. Army Human Resources Command, Cold War Recognition, Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Additional information is available on the Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military service record should be corrected to show all awards that he is entitled to for his service in the Army of the United States.

2.  The evidence of record shows that the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal. Therefore, the applicant is entitled  to correction of his records to show award of this service medal.

BOARD VOTE:

__PMS__  ___REB__  __RCH__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 showing award of the Korea Defense Service Medal.




______Paul Smith______
          CHAIRPERSON




INDEX

CASE ID
AR20070002757
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/28
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19581108
DISCHARGE AUTHORITY
AR 635-200, SPN 201
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0141.0000
2.
124.0000.0000
3.

4.

5.

6.