IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080000522
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the United Nations Service Medal.
2. The applicant states that he was stationed at Camp Wood in Japan as a member of the 8022nd Army Unit from February 1952 to July 1953. During that time, the Airborne 187th Regimental Combat Team stationed at Camp Wood made two assaults on Korea.
3. The applicant provides a copy of his Armed Forces of the United States Identification Card; an Honorable Discharge Certificate from the U.S. Army Reserve; and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 was inducted on 13 August 1951. He served in Japan and was honorably released from active duty on 29 July 1953.
3. The applicants DD Form 214 shows the Army of Occupation Medal with Japan Clasp as an authorized award.
4. There is no evidence which shows the applicant served in Korea.
5. 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.
6. 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. Paragraph 5-9a(2) of this regulation states that the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 with 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.
7. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant served in Korea between 27 June 1950 to 27 July 1954 or that his unit in Japan directly supported the military effort in Korea. Therefore, there is insufficient evidence on which to base award of the United Nations Service Medal in this case.
2. The applicant served a period of qualifying service for award of the National Defense Service Medal.
3. Evidence shows that the applicants records contain an 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
___XX___ __XX___ __XX____ 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 an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the National Defense Service Medal on his DD Form 214.
_ XX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000522
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