IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080019412
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Korean Service Medal (KSM) and to show credit for his foreign service in Korea.
2. The applicant states that although he served in Korea he was never awarded the KSM or given any credit on his DD Form 214 for his foreign service.
3. The applicant provides his DD Form 214; a cover sheet titled the History of the 1st Observation Battalion, 25th Artillery; a welcome letter from the 1st Observation Battalion, 25th Artillery; and an excerpt from special orders.
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 applicant's military records show that he inducted into the Army of the United States and entered active duty on 6 October 1959.
3. He was awarded the military occupational specialty (MOS) 153.00 (artillery surveyor), was promoted to pay grade E-3, and was assigned to Korea from
16 September 1960 to 4 August 1961.
4. He was honorably released from active duty on 22 August 1961. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar. Item 24c (Foreign and/or Sea Service) shows he served 11 months and 11 days of foreign service. The country or theater of foreign service is not identified.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the KSM. In pertinent part, the regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
6. Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal (KDSM). Specified criteria for the award of the KDSM is as follows: a) service members of the armed forces must have served in support of the defense of the Republic of 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 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 and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, states that for Item 24c (Foreign and/or Sea Service), enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant did not serve in Korea between 27 June 1950 and 27 July 1954, he is not entitled to the KSM.
2. At the time of the applicant's separation, there were no provisions to enter the foreign country or countries to which the separated Soldier had been assigned or deployed. There were only provisions to enter the total amount of time served outside the continental limits of the United States.
3. However, since the applicant served in Korea well over 30 consecutive days, he is entitled to the KDSM. As such, it would be appropriate to now add this award 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 adding to item 26 of his DD Form 214 the KDSM.
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 awarding him the KSM and identifying his Korean service on 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.
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