IN THE CASE OF:	

		BOARD DATE:	 17 September 2008 

		DOCKET NUMBER:  AR20080003997 


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 correction of his records to show his foreign service in Korea and award of the Korean Service War Medal [sic] (Korean Service Medal).

2.  The applicant states that he was attached to Cannon Company, 185th Infantry, 40th Infantry Division and that after World War II (WWII) he left the Philippines with his unit en route to Korea on a vessel and ran into a typhoon.  He remembers the destroyer that was ahead of his vessel, clearing mines out of the way.  He was in Korea in or around October 1945 with another tank driver from Omaha, Nebraska.  He also adds that he was transferred to the 40th Division in Hawaii in 1943 and got out of the service on 12 November 1945.

3.  The applicant did not provide any additional documentary evidence in support of his request.  

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 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 records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 19 November 1945, shows he was inducted in the Army of the United States and entered active service on 11 June 1941 at Fort Crook, Nebraska.  He was trained in military occupational specialty (MOS) 660 (Tank Mechanic).  This form also shows that at the time of his separation, he was assigned to the Cannon Company, 185th Infantry.

4.  The applicant's WD AGO Form 53-55 further shows he departed the United States on 20 September 1943 and arrived in the Pacific Theater on 26 September 1943.  He departed the Pacific Theater on 12 November 1945 and arrived in the United States on an unknown date.  There is no indication that he stopped in or was diverted to Korea.

5.  The applicant’s WD AGO Form 53-55 also shows he completed 2 years, 3 months, and 16 days of continental service; and 2 years, 1 month, and 23 days of foreign service.  He was honorably separated on 19 November 1945.  He completed 4 years, 5 months, and 9 days of creditable military service.

6.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form   53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), the Expert Infantryman Badge, and the Combat Infantryman Badge.  Furthermore, Item 26 (Battles and Campaigns) of his WD AGO Form   53-55 shows he participated in the Bismarck Archipelago, the Southern Philippines, and the Luzon campaigns during WWII.  

7.  Item 27 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the American Defense Service Medal, the American Service Medal, the Asiatic-Pacific Service Medal, the Philippine Liberation Ribbon with one bronze service star, the Good Conduct Medal, and the World War II Victory Medal.


8.  The applicant’s constructed records suggest that he reenlisted in the Army on or around 20 November 1945 and remained until on or around 4 January 1951.  He completed approximately 5 years, 1 month, and 17 days of creditable military service.  However, the facts and circumstances surrounding this period of military service is not available for review with this case.  

9.  The applicant’s records also show he reentered the Army on 5 January 1951 at Fort Sheridan, Illinois.  He was honorably released from active duty at Camp McCoy, Wisconsin, on 14 September 1951.  He completed 8 months and
10 days during this period of military service.

10.  Item 24 (Total Net Service) of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 14 September 1951 shows the applicant completed 10 years, 3 months, and 8 days of total active military service.

11.  Item 26 (Foreign and/or Sea Service) of the applicant’s DD Form 214, dated 14 September 1951, shows the entry “None.” 

12.  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: 

	a.  is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; 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; or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

	b.  the service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.




DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s foreign service in Korea, there is no evidence in the applicant’s constructed records and the applicant did not provide any evidence that shows he served in Korea.  The applicant’s memory of events that happened over 55 years ago is noted; however, it is insufficient by itself to support his contention that he served in Korea. 

2.  With respect to award of the Korea Service Medal, there is no evidence that the applicant was on permanent assignment to Korea, or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or was in active combat against the enemy and a combat decoration was awarded to him.  Therefore, there is insufficient evidence to award the applicant the Korean Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ________X______________
               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)                                         AR20080003997



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ABCMR Record of Proceedings (cont)                                         AR20080003997



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