RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 September 2007
DOCKET NUMBER: AR20070005549
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. Dean A. Camarella
Member
Mr. Qawiy A. Sabree
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 the award of the National Defense Service Medal (NDSM).
2. The applicant states, in effect, he was never awarded the NDSM for his honorable active service for the period 31 January 1951 to 24 January 1953. He states that the award period for the NDSM is 27 June 1950 to 27 July 1954 and his military discharge records do not indicate this award.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a letter from a Veterans Service Officer, dated 5 April 2007.
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 applicants military personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973. The primary military personnel records available to this Board is the
DD Forms 214 submitted by the applicant.
3. The applicant's military reconstructed records show that he entered active duty on 31 January 1951. His military occupational specialty was 1677 (Military Police). He was honorably released from active duty on 24 January 1953 after serving 1 year, 11 months, and 24 days of active service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Army of Occupation Medal with Japan Clasp and the Korean Service Medal. However, it does not show the award of the NDSM.
5. Army Regulation 600-8-22 (Military Awards), as amended, provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
6. A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953. The service prescribed must have been performed as follows:
(1) while on permanent assignment;
(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal (UNSM). In Pertinent part, the regulation states that the period of eligibility for the United Nations 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the NDSM.
2. Evidence shows that the applicant served honorably during the period
31 January 1951 to 24 January 1953. Therefore, he is entitled to correction of his records to show the NDSM.
3. Evidence shows that the applicant is entitled to the award of the ROKWSM.
Therefore, he is entitled to correction of his records to show this foreign award.
4. Evidence shows that the applicant is entitled to the award of the UNSM. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
___dac__ ____qas _ ___jcr___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the NDSM, ROKWSM, and the UNSM.
__________Jeffrey C. Redmann_____
CHAIRPERSON
INDEX
CASE ID
AR20070005549
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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