IN THE CASE OF:	  

		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080018341 


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 be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that he served in Korea from October 1954 to February 1956.  He served in Taegu and with the 8225th AU (Army Unit), 8th Army, and the 289th Military Police, in Pusan.

3.  In support of his request, the applicant submitted a copy of his DD Form 214 and correspondence he received in reply to his request for award of the Korean Service Medal from the National Personnel Records Center, St. Louis, Missouri.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records and from alternate sources.

3.  The applicant's military records show he was inducted into the Army of the United States on 22 April 1954.  He was honorably released from active duty and transferred to the Reserve in the rank of Private First Class, on 9 March 1956, under the provisions of Service Regulation 635-250 and Section III, Service Regulation 615-360-5 (Released from active military service and transferred to the Army Reserve to complete 8 years service under the Military Training and Service Act).  On the date of his release from active duty, the applicant had completed 1 year, 10 months, and 18 days active military service. 

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal and the National Defense Service Medal. No other awards or decoration are shown on the applicant's DD Form 214.

5.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214, shows the applicant served 1 year, 4 months, and 18 days foreign service.  The specific country in which the service was performed is not shown and the date of his arrival and his departure from overseas cannot be verified; however, Item 28 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows his most significant unit of assignment was the 8225th AU (Army Unit).  The Directory and Station List of the United States Army - Korea shows the 8225th AU was based in Korea during the Korean War.  The applicant also alleges he was assigned to the 289th Military Police.  This unit was assigned and performed its mission in Pusan, South Korea, during and after the Korean War.

6.  AR 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

7.  AR 600-8-22 prescribes policy and guidance for award of the Korea Defense Service Medal.  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.  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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 615-360-1, in effect at the time of the applicant's release from active duty, provided an outline of procedures to be followed in effecting discharge of enlisted personnel for any cause (except disability) in any type of organization or separation activity, and describes the proper method of executing and disposing of the various forms, records and reports required.  This regulation directed that in Item 28 "Enter the most significant duty assignment and unit to which assigned for the longest period of service.  Assignment to a medical holding detachment for the purpose of separation by reason of disability will not be considered a duty assignment. The title and/or number of organization will be precisely as indicated in the service record."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served with a unit in Korea during the period covered by his DD Form 214.  This service has been confirmed in that the applicant served in a unit that was posted to Korea during the Korean War.  The applicant requested award of the Korean Service Medal; however, he provided no evidence he arrived in Korea prior to the end qualifying date for this award, 27 July 1954.

2.  The date the applicant arrived in and departed from Korea is not available; however, by his own admission, he arrived in Korea around October 1954 and remained there until about February 1956.  The date of his alleged arrival in Korea is after the qualifying period for award of the Korean Service Medal.  Based on the evidence of record, the applicant is therefore not entitled to award of the Korean Service Medal and to have it added to his DD Form 214.

3.  The evidence of record shows that the applicant's most significant unit of assignment was the 8225th AU.  The applicant alleges to have arrived in Korea in October 1954.  His DD Form 214 shows he served overseas for 1 year, 10 months, and 18 days.  Based on this evidence, the applicant is entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Korea Defense Service Medal and adding this award to the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Korean Service Medal to the applicant and its addition to his DD Form 214.




      _______ _   __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)                                         AR20080018341





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ABCMR Record of Proceedings (cont)                                         AR20080018341



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