IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080012441 


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.  Through a Member of Congress, the applicant requests, in effect, that his record be corrected to reflect his service in Korea and award of the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that his record should be corrected to reflect the 1 year of service he completed in Korea in a temporary duty (TDY) status between 1954 to 1955, and that he be awarded the KDSM accordingly.

3.  The applicant provides photographs, Congressional Inquiry and associated documents, and a separation document (DD Form 214) 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 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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using document in the NPRC file and a partially legible DD Form 214 provided by the applicant.  

3.  The applicant's separation document shows that he was inducted into the Army and entered active duty on 4 November 1953, and that he held and served in military occupational specialty (MOS) 341.000 (Light Vehicle Driver).  It also shows he served on active duty for 1 year, 10 months, and 22 days, until being honorably released from active duty on 15 September 1955 and transferred to the U.S. Army Reserve, North Dakota Military District.  

4.  Item 26 (Foreign Service) of the applicant's DD Form 214 contains a partially legible entry which confirms he completed at least 1 year of foreign service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal and Army Good Conduct Medal during his active duty tenure.

5.  The NPRC file contains no evidence to show that the applicant served in Korea during his active duty tenure.  

6.  Army Regulation 600-8-22 (Military Awards) states that 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.

	a.  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, 

		(2)  all air spaces above the land and water area.

   b.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

   c.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

		(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

		(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

   	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should be corrected to reflect service in Korea has been carefully considered.  However, there is insufficient evidence to support this claim. 

2.  The applicant's DD Form 214 confirms he completed a total of 1 year, 10 months, and 22 days of active duty service, of which at least 1 year was foreign service.  However, the NPRC file is void of any orders or other documents that indicate the applicant was ever assigned/deployed or served on TDY in Korea, and the applicant has failed to provide any independent evidence to corroborate his claim that he completed 1 year of service in Korea in a TDY status.  As a result, there is an insufficient evidentiary basis to support granting the requested relief. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ________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)                                         AR20080012441



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ABCMR Record of Proceedings (cont)                                         AR20080012441



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