IN THE CASE OF:	 

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080006233 


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 that he be awarded the Army Good Conduct Medal and the Korean Service Medal.

2.  The applicant states that he is authorized the Korean Service Medal for his service in Korea (but he might have meant the Korean Defense Service Medal).

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States); a copy of an envelope postmarked APO 971, San Francisco, CA; and a Standard Form 180 (Request Pertaining to Military Records).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

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, consisting of the documents he provided and his separation orders, remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army on 12 April 1954.  

4.  Item 28 (Most Significant Duty Assignment) of the applicant’s DD Form      214 shows his last assignment was the 20th Transportation Company, APO 971.

5.  Item 26 (Foreign and/or Sea Service) of the applicant’s DD Form 214 shows he served 1 year, 4 months, and 17 days of foreign service.

6.  The applicant was honorably released from active duty on 31 January 1956 after completing 1 year, 9 months, and 19 days of creditable active service with no lost time.  His separation orders show he was separated from Fort Lewis, WA, and his last duty station was at APO 971.

7.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal.

8.  Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only; 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service and there must have been no convictions by court-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 states 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:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and (2) 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. 

11.  Special Regulation 615-360-1 (Enlisted Personnel -- Discharge Procedures and Preparation of Separation Forms), dated 20 June 1950, prescribed the policies and procedures for completing the DA Form 214 for enlisted personnel.  In pertinent part, it stated that the last unit, or similar element, to which assigned for duty would be entered in item 28.

12.  Special Regulation 135-175-5 (Civilian Components – Separation of Officers), dated 19 December 1949, prescribed the policies and procedures for completing the DA Form 214 for officer personnel.  In pertinent part, it stated the entry representing the duty which required the greatest demonstration of the officer's training and experience would be entered in item 28.

13.  On 18 September 2008, the Military Postal Service Agency verified that APO 971 was active in Korea during the time the applicant was in the Army.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, because the applicant’s records are not available it cannot be determined if he met the eligibility criteria for award of the Army Good Conduct Medal.  

2.  The evidence of record indicates that the applicant did not meet the eligibility criteria for award of the Korean Service Medal.  The eligibility period for award of this medal is 27 June 1950 and 27 July 1954.  The applicant’s last duty station prior to separating was in Korea; however, since his DD Form 214 shows he served 1 year, 4 months, and 14 days of foreign service it appears he did not arrive in Korea until on or about 14 September 1954.  

3.  However, the applicant may have meant the Korean Defense Service Medal instead of the Korean Service Medal.  He did meet the eligibility criteria for award of the Korean Defense Service Medal.  Therefore, this medal should be added to his DD Form 214.


BOARD VOTE:

________  _______  ________  GRANT FULL RELIEF 

___XX_____  __XX______  _XX_______  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 adding the Korean Defense Service Medal to his DD Form 214.

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 award of the Army Good Conduct Medal or to adding the Korean Service Medal to his DD Form 214. 




      ______XXXX_ _   _______   ___
               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)                                         AR20080006233



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ABCMR Record of Proceedings (cont)                                         AR20080006233



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