IN THE CASE OF:	  

		BOARD DATE:	  12 May 2009

		DOCKET NUMBER:  AR20080019610 


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, award of the Republic of Korea War Service Medal.

 2.  The applicant states, in effect, that he believes he is entitled to award of the Republic of Korea War Service Medal for his period of service in Korea from on or about May 1954 to December 1954 with the 91st Military Police Battalion.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 22 December 1954 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 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's military personnel record shows he was inducted into the Army of the United States on 27 January 1953.  He successfully completed basic combat and advanced individual training.  He was honorably released from active duty on 22 December 1954 and transferred to the United States Army Reserve.  He was issued a DD Form 214 upon separation which shows he served 1 year, 10 months, and 26 days of net active service.  Item 5 (Qualifications) of the applicant's DD Form 214 does not show award of a military occupational specialty.  The entry in item 5 is "NA" which is interpreted as not applicable.

4.  Item 26 (Foreign and/or Sea Service) of the applicant's DD Form 214 shows that his foreign service credit was 8 months and 1 day.

5.  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 Korean Service Medal, United Nations Service Medal, and the National Defense Service Medal.

6.  As the applicant's records are believed to have been in the area of the National Personnel Records Center which was destroyed by fire, the Board does not have available for its review the applicant's assignment history.

7.  Army Regulation 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 within the territorial limits of Korea, in the waters immediately adjacent thereto or in aerial flight over Korea participating in actual combat operations or in support of combat operations between 27 June 1950 and 27 July 1954.  Qualifying service is defined as being on permanent assignment, on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy under conditions other than those previously mentioned provided a combat decoration has been awarded or an individual certificate by the command of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

8.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, this regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

9.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to the Republic of Korea War Service Medal. 

2.  The applicant was awarded the Korean Service Medal and the United Nations Service Medal.  His record shows he was inducted on 27 January 1953 and that he was credited with 8 months and 1 day of foreign service credit.  Therefore, it is presumed that the applicant was in the Republic of Korea after 27 January 1953 but before 27 July 1954 for he was awarded the Korean Service Medal and the United Nations Service Medal whose award period ending date is 27 July 1954.

3.  Based on award of the Korean Service Medal and the United Nations Service Medal, and that fact that his record shows he was credited with a foreign service tour of over 30 days, it would be fair and equitable to award the applicant the Republic of Korea War Service Medal.

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 amending his DD Form 214 with a separation date of 22 December 1954 to show he is authorized award of the Republic of Korea War 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)                                         AR20080019610



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ABCMR Record of Proceedings (cont)                                         AR20080019610



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