IN THE CASE OF:	  

		BOARD DATE:	  	  9 October 2008

		DOCKET NUMBER:  AR20080013403 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Korea Defense Service Medal (KDSM).

2.  The applicant states in effect, that his local veteran’s agent advised him that he is authorized award of the KDSM due to his service in the Republic of Korea from December 1956 to April 1958.

3.  The applicant provides a copy of his DD Form 214 and a copy of Special Orders Number 56, dated 25 March 1958 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 applicant’s military records are not available to the ABCMR 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.  

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 18 May 1956.  He was awarded military occupational specialty 773.10 (Ordnance Parts Specialist).  The highest rank he attained while serving on active duty was specialist three (SP3).

4.  The applicant’s DD Form 214 shows he was honorably released from active duty and transferred to the United States Army Reserve on 26 April 1958.  Item 12 (Last duty Assignment and Major Command) shows that he was assigned to the 34th Ordnance Company, APO 20.  Item 24c ( Foreign and/or Sea Duty) shows that he completed 1 year, 4 months, and 2 days of overseas service.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the Army Good Conduct Medal. 

5.  The applicant submitted a copy of Special Orders Number 56, 74th Ordnance Battalion (Maintenance and Supply Deport), APO 20, dated 25 March 1958, that lists the applicant’s name among those to report on 5 April 1958 for processing for movement from Korea to the Continental United States (CONUS) and further processing for separation from the Service.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions that he is entitled to have his records corrected to show award of the KDSM was carefully considered and found have merit.

2.  Special Orders Number 56, dated 25 March 1958, show the applicant was assigned to the Republic of Korea.  Even though his assignment date is unavailable, his DD Form 214 shows that he completed 1 year, 4 months,
and 2 days of foreign service.  There is no evidence that the applicant completed foreign service anywhere other than Korea; therefore, based on the available  evidence the applicant is authorized award of the KDSM.

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 showing award of the Korea Defense Service Medal.



																																					   ________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)                                         AR20080013403



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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