IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080008611
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 the Korean Service Medal (KSM) with
1 bronze service star, Presidential Unit Citation (PUC), Combat Infantryman Badge (CIB), and all other awards to which he may be entitled be added to his record and separation document (DD Form 214).
2. The applicant states, in effect, that he feels that a National Personnel Records Center (NPRC) Letter he received is in error.
3. The applicant provides an Information and Document Request, a copy of his DD Form 214, and a NPRC Letter, dated 14 April 2008, 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 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed record and a partially legible DD Form 214 provided by the applicant.
3. The applicant's separation document shows that he enlisted in the Regular Army (RA) for a period of three years and entered active duty on 21 November 1952, and that he held and served in military occupational specialty (MOS) 640.000 (Light Vehicle Driver). It also shows he served on active duty for
2 years, 11 months, and 22 days until being honorably separated on
12 November 1955.
4. Item 26 (Foreign Service) of the applicant's DD Form 214 contains a partially legible entry which confirms he completed more than 1 year of foreign service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) clearly recognizable entries showing he earned the following awards during his active duty tenure: KSM with 1 bronze service star; CIB; and PUC. It also contains faded partially recognizable entries which show he earned the Army Good Conduct Medal (AGCM), United Nations Service Medal (UNSM), and National Defense Service Medal (NDSM).
5. The applicant provides a NPRC Letter, dated 14 April 2008, that informed the applicant that the records needed to answer his inquiry was located in an area that suffered a fire on 12 July 1973, and that as a result, no records were located to show he was authorized any medals.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (KWSM). It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim that he earned the KSM with 1 bronze service star, PUC, CIB, and other awards not reflected on his separation document was carefully considered and found to have merit. Item 27 of the applicants DD Form 214 corroborates his claim that he earned the KSM with 1 bronze service star, the PUC, the CIB, and other awards. After careful examination, it can be concluded the remaining awards listed on this separation document are the AGCM, UNSM, and NDSM.
2. In addition, based on the applicants more than one year of service in Korea, as evidenced by his having received the KSM and UNSM, he is entitled to the KWSM. Therefore, it would also be appropriate to add this award to his record and separation document at this time. Given the partially legible state of the applicant's DD Form 214, it would also be appropriate to and serve the interest of justice to issue the applicant a correction to his separation document that clearly documents all awards earned, and to provide him the medal sets authorized for these awards.
BOARD VOTE:
___x____ ___x____ ___x____ 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 deleting the current list of awards in Item 27 of his DD Form 214 and replacing it with the entry "National Defense Service Medal, Army Good Conduct Medal, Korean Service Medal with 1 bronze service star, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and Combat Infantryman Badge; by issuing him all medal sets due based for the awards identified; and by providing him a correction to his separation document that includes these 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) AR20080008611
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