IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20080019853 


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 correction of his records to show all individual and unit awards and decorations he earned throughout his military service.  

2.  The applicant states that things are missing but did not specify which awards and decorations are missing.  He adds that he served with the 65th Infantry Regiment, 3rd Division, in Korea and that his medals were in a box, which was stolen along with other things.  He requests, in effect, replacement of those medals.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 14 November 1953, 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 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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows that he was inducted into the Army of the United States and entered active duty in Erie, Pennsylvania, on 28 November 1951, in the rank/grade of private (PV1)/E-1 and that at the time of separation he held a medical aid man military occupational specialty (MOS).  This form also shows his most significant duty assignment was with the 1666th Medical Company, 65th Infantry Regiment.   

4.  The applicant’s DD Form 214 further shows that he completed 1 year, 11 months, and 17 days of creditable active military service, of which 8 months and 29 days was foreign service.  He was honorably released from active duty on 14 November 1953 in the rank/grade of private first class (PFC)/E-3 and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation. 

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 United Nations Service Medal, the Korean Service Medal, and the Combat Medical Badge. 

6.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all individual and unit awards he earned.

2.  The evidence of record shows that the applicant served from 28 November 1951 to 14 November 1953.  Therefore, he served a qualifying period for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant completed 1 year, 11 months, and 17 days of creditable active military service, of which 8 months and 29 days was foreign service.  The applicant's award of the Combat Medical Badge on 7 June 1953 suggests that he completed his nearly 9 months of foreign service in Korea.  Therefore, he served a qualifying period for award of Republic of Korea War Service Medal and is entitled to correction of his records to show this award. 

4.  With respect to the applicant’s request for the issuance of awards or the replacement of military service medals, decorations, and awards that were stolen, the ABCMR does not issue or replace awards.  However, the applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  The online request at http://www.archives.gov/veterans/evetrecs is the preferred method for requesting medals and awards.  However, a member may also submit a request to the NPRC via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html).  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his/her request.

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 adding to item 27 of the applicant's DD Form 214 the National Defense Service Medal and the Republic of Korea War Service Medal.



      ________XXX________________
               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)                                         AR20080019853



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019853



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1