IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080005273
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, that his records be corrected to show his entitlement to the Korea Defense Service Medal (KDSM) and all other awards to which he may be entitled.
2. The applicant states, in effect, that he believes he is entitled to the KDSM and other awards based on his service, such as a cold war citation and New York State Defense Medal.
3. The applicant provides a Congressional Inquiry packet in support of his application.
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 records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants 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. This case is being considered using reconstructed records, which primarily consist of the applicant's separation document (DD Form 214) and other documents remaining in the NPRC file.
3. The applicant's DD Form 214 shows he was inducted into the Army and entered active duty on 5 March 1957. He was trained in and awarded military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman), and he held the rank of private first class (PFC) on the date of separation from active duty. It further confirms that he completed a total of a total of 1 year, 11 months, and 21 days of active military service and was honorably separated on 25 February 1959.
4. Item 12 (Last Duty Assignment and Command) shows the applicants last permanent duty assignment was Company C, 19th Infantry Regiment, APO 8 (Korea), and Item 24c (Foreign and Sea Service) confirms he completed 1 year and 1 day of overseas service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows that he earned the Army Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his active duty tenure. The applicant authenticated the DD Form 214 with his signature in Item 34 (Signature of Person Being Transferred or Discharged) on the date of his separation.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the KDSM. It states, in pertinent part, that it is authorized for members who served in Korea for 30 consecutive or 60 non-consecutive days between 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the KDSM for his service in Korea was carefully considered and found to have merit. The evidence confirms the applicant completed a qualifying period of service in Korea for the KDSM, and as a result it would be appropriate to add this award to his separation document at this time.
2. There is no indication that the applicant qualified for, or was recommended for any other awards or decorations during his active duty tenure. As a result, there is an insufficient evidentiary basis to support adding any additional awards to his separation document at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ _X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing is entitlement to the Korea Defense Service Medal; and by providing him a correction to his separation document that includes this change.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to additional awards.
_ ___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) AR20080005273
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