IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080004938 


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 award of the Korean Defense Service Medal (KDSM).

2.  The applicant states that the KDSM was left off his records due to an administrative oversight.

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

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 November 1972.

	b.  Headquarters, Medical Field Service School, Brooke Army Medical Center (BAMC), Fort Sam Houston, Texas, Special Orders Number 93, dated
9 May 1962 (Reassignment Orders).

	c.  Headquarters, 121st Evacuation Hospital, Hospital Transfer Orders Number 16, dated 28 February 1962.

	d.  U.S. Air Force Hospital, Travis Air Force Base (AFB), California (CA), Special Order 68, dated 8 March 1963, (Assignment Orders).

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.  With prior enlisted service, the applicant's records show that he enlisted in the Regular Army for a period of 3 years on 6 January 1949.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  He subsequently executed a series of reenlistments and/or extensions in the Regular Army and was placed on the Retired List in the rank of master sergeant on 1 December 1978.  

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in Korea from 7 July 1962 to 8 March 1963. 

4.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 10 January 1952, shows the applicant completed 1 year, 5 months, and 19 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 also shows the applicant was awarded the Korean Service Medal. 

5.  Item 26 of the applicant's DD Form 214, dated 11 January 1955, shows the applicant was awarded the Korea Service Medal with three bronze service stars and the United Nations Service Medal.

6.  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 and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  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.  Furthermore, award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

9.  Army Regulation 600-8-22 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.

10.  Item 31 of the applicant's DA Form 20 shows the applicant served in the Republic of Vietnam from 3 October 1967 to 30 September 1968.  He was assigned to the 106th General Hospital.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, during its service in the Republic of Vietnam, the 106th General Hospital was awarded the Meritorious Unit Commendation, from 1 December 1965 to 31 December 1968, based on Department of the Army General Orders Number 75, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record further shows that the applicant was awarded the Korean Service Medal with three bronze service stars.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Therefore, there is sufficient evidence that shows the applicant served in Korea during this period and is thus entitled to award of the Republic of Korea War Service Medal.

3.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the applicant's service in the Republic of Vietnam; therefore, the applicant is entitled to correction of his records to show these unit awards.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Korea War Service Medal on the applicant's DD Form 214, dated 30 November 1978.



							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)                                         AR20080004938



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ABCMR Record of Proceedings (cont)                                         AR20080004938



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