IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080004658 


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 in effect, award of the Korea Defense Service Medal.

2.  The applicant states, in effect, that he served in Korea and should be entitled to the Korea Defense Service Medal. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 1 December 1956 and 13 April 1959.

	b.  Self-authored letter, dated 14 January 2008.

	c.  Letter, dated 7 February 2007, to the National Personnel Records Center (NPRC), St. Louis, Missouri (MO), and NPRC letter response, dated 27 July 2005.

   d.  Certificate, dated 26 October 1956, showing completion of the Supply Handling Course.

	e.  U.S. Army Reserve Personnel Center (ARPC) Form 249-2-E (Chronological Statement of Retirement Points), dated 12 August 1997.

	f.  Page 1 of a 4-page DA Form 2-1 (Personnel Qualification Record).
	g.  Back pages of Standard Form 93 (Report of Medical History), one undated, one dated 10 February 1982, and the third dated 27 February 1976.

	h.  Letter, dated 27 June 1985, from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri.

	i.  Photographs of Soldiers.

	j.  Copy of a certificate of service, dated 14 April 1957.

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 DD Form 214 shows he enlisted in the U.S. Army Reserve (USAR) on or around 22 April 1956.  He was subsequently ordered to active duty for training (ADT) and entered active duty on 2 June 1956.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 550.00 (Supply Handler).  He was honorably released from ADT to the control of his USAR unit on 1 December 1956. 

4.  The applicant’s DD Form 214 shows he was called to active duty for a period of 2 years on 14 April 1957 and that he was released from active duty to the control of his USAR unit on 13 April 1959.
5.  Item 12 (Last Duty Assignment and Major Command) of the applicant’s DD Form 214, dated 13 April 1959, shows the entry “631st QM Co, Fort Devens, Mass,” indicating that at the time of his release from active duty, he was assigned to the 631st Quartermaster Battalion, Fort Devens, Massachusetts.      

6.  Item 22c (Foreign and/or Sea Service) of the applicant’s DD Form 214 shows he completed 1 year, 1 month, and 29 days of foreign service.  However, this entry does not indicate or show the exact location of his foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry “NA,” indicating that the applicant was not awarded any awards during this period of service.

8.  In his self-authored statement, dated 14 January 2008, the applicant states that the only three Quartermaster Pipeline Companies that existed at the time were located in Europe, Korea, and Fort Lee, Virginia.  He further adds that he can recall step by step his travel to Korea.  He also states that Item 5 (Overseas Service) of his DA Form 2-1 clearly shows the word “Korea”, and that the entry was scratched through; however, he was able to use computer technology to determine that the word “Korea” was indeed typed.  He also states that the photographs clearly show him wearing the Eighth Army Korea unit patch.  He concludes that in the interest of justice, his records should be corrected.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, Item 24c for enlisted personnel showed the total active duty outside continental United States (CONUS) for the period covered by the DD Form 214 and the last overseas theater service was performed.  For example “Foreign and/or Seas Service: USAREUR (U.S. Army Europe) or USARPAC (U.S. Army Pacific Command).”  

10.  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 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 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, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. The KDSM may be awarded posthumously to any Soldier who lost his or her life without regard to length of such service.  Only one award of the KDSM is authorized for any individual. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to correction of the applicant’s records to show his foreign service was in Korea, there is insufficient evidence to grant relief in this case.  The applicant’s nearly 14 months of foreign service is not in question.  However, the exact location remains unknown.  It is unclear if the applicant’s theater was USAEUR, USARPAC, or any other Army major command.  Even if it were USARPAC, it is unclear if the foreign service was performed in Korea, Japan, 

Hawaii, or any of the countries that fell under the USARPAC responsibility.  Nevertheless, the regulation in effect at the time required the entry of the last overseas theater service, not a specific country. 

2.  With respect to award of the Korea Defense Service Medal, there is no evidence that the applicant  was assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days; was engaged in combat during an armed engagement, regardless of the time in the area of eligibility; was wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or participated as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.



      ___        XXX                ___
                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)                                         AR20080004658



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ABCMR Record of Proceedings (cont)                                         AR20080004658



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