IN THE CASE OF:
BOARD DATE: 04 SEPTEMBER 2008
DOCKET NUMBER: AR20080010237
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 military records be corrected to show any awards and decorations to which he is entitled.
2. The applicant essentially states that he was a member of the South Dakota Army National Guard and ordered to active duty on 1 September 1950 by Federal orders and served on active duty until 17 May 1952, which was during the Korean War era. He also believes that his term of active service justifies medals.
3. Although the applicant indicated that he provided copies of his Army discharge and National Guard discharge documents in support of this application, no additional evidence was received with it.
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 majority of the applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the majority of the applicant's records were lost or destroyed in that fire. However, his DD Form 214 (Report of Separation from the Armed Forces of the United States), the lone remaining document in his military records, provides sufficient information to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows that he served on active duty from 1 September 1950 to 17 May 1952. It also shows that he served 9 months and 24 days of foreign and/or sea service and that his most significant assignment was with the Heavy Truck Company, 196th Infantry Regiment, at Fort Richardson, Alaska. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) has an entry of "None." However, he should have been awarded the National Defense Service Medal. But as the DD Form 214 is the only remaining document in his military records, his eligibility and/or entitlement to additional awards and decorations could not be conclusively determined.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show any awards and decorations to which he is entitled.
2. The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal. Therefore, he is entitled to award of the National Defense Service Medal and correction of his military records to show this award.
3. As the applicant's DD Form 214 is the only remaining document in his military records; regrettably, his eligibility and/or entitlement to additional awards and decorations could not be conclusively determined.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the National Defense Service Medal.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States. The applicant and all Americans should be justifiably proud of his honorable service in arms.
___ 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) AR20080010237
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