IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012090 


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 he be awarded the Korean Service Medal.

2.  The applicant essentially states that he served with Company A, 6th Tank Battalion (90-millimeter [mm] Gun), 24th Infantry Division, from February 1954 until September 1954, and that he believes that he qualifies for the Korean Service Medal since his unit was under the operational control of the Commander-in-Chief, Armed Forces Far East.

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), Honorable Discharge Certificates from the Air Force of the United States on 26 October 1952 and the Army of the United States on 24 July 1958, and an undated and unsigned statement in support of this 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 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 majority of the applicant’s 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, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant was inducted into the Army of the United States on 28 October 1952.  His DD Form 214 shows that he served 8 months and 11 days of foreign and/or sea service, and that his most significant duty assignment was with Company A, 6th Tank Battalion (90 mm Gun).  It also shows that he possessed military occupational specialty 1740 (Radio Operator) at the time of his release from active duty on 6 October 1954.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this document also shows that he was awarded the National Defense Service Medal.

4.  The applicant requested that he be awarded the Korean Service Medal.  The applicant served 8 months and 11 days of foreign and/or sea service, and his most significant duty assignment was with Company A, 6th Tank Battalion (90mm Gun).  However, there is no evidence in the available records which conclusively shows that the applicant served within the territorial limits of Korea or in waters immediately adjacent thereto during a qualifying period for award of the Korean Service Medal, or that he was with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which was designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea.  The applicant also did not provide an individual certificate by the Commander in Chief, Far East, testifying to material contribution he made in direct support of the military efforts in Korea.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 under any of the following conditions:

	a.  within the territorial limits of Korea or in waters immediately adjacent thereto;

	b.  with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea; or

	c.  was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korean Service Medal.

2.  The fact that the applicant served 8 months and 11 days of foreign and/or sea service is not questioned, nor is the fact that the applicant's most significant duty assignment was with Company A, 6th Tank Battalion (90mm Gun).  However, there is no evidence in the available records, and the applicant failed to provide evidence which conclusively shows that the applicant's service with his unit was within the territorial limits of Korea or in waters immediately adjacent thereto during a qualifying period for award of the Korean Service Medal, or that this unit was under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which was designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea.  The applicant also did not provide an individual certificate by the Commander in Chief, Far East, testifying to material contribution he made in direct support of the military efforts in Korea.  Regrettably, in view of the foregoing, there is insufficient basis upon which to award the applicant the Korean Service Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  While the Board regrets that a more favorable response could not be accomplished, it wishes to thank the applicant for his 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)                                         AR20080012090



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ABCMR Record of Proceedings (cont)                                         AR20080012090



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