IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20090000454
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 (Report of Separation from the Armed Forces of the United States) be corrected to add the National Defense Service Medal (NDSM), the Korean War Medal, the Army Good Conduct Medal (AGCM), and any other service medal he is qualified to receive.
2. The applicant states the medals he is requesting were omitted from his DD Form 214.
3. The applicant provides his DD Form 214.
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 could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973. The information contained herein was derived from the DD Form 214 provided by the applicant.
3. The applicant enlisted in the Regular Army on 13 January 1950, he was promoted to pay grade E-5 on 26 September 1951, and he was honorably discharged on 16 January 1953.
4. The DD Form 214 issued to the applicant shows that he was awarded the Korean Service Medal with 3 bronze service stars and the United Nations Service Medal.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM 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.
6. Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals. It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldiers conduct and efficiency ratings must have been rated as excellent for the entire period of qualifying service and there must have been no convictions by court-martial.
7. Army Regulation 600-8-22 further provides 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. Since the applicant served during a qualifying period for which award of the NDSM was authorized, it would be appropriate to correct his DD Form 214 to show this award.
2. The applicant served during a time which was authorized for award of the ROKWSM. While the exact dates of the applicant's service in Korea cannot be determined, the fact that he was awarded 3 bronze service stars with his KSM verifies that he served in Korea for over 30 consecutive days. As such, the preponderance of evidence supports the applicant's entitlement to this service award. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
3. Unfortunately, without the applicant's military records and without any supporting evidence provided by the applicant, his conduct and efficiency ratings cannot be verified. As such, there is insufficient evidence in which to award him the AGCM.
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 the DD Form 214 of the individual concerned be corrected by adding the NDSM and the ROKWSM.
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 adding the AGCM or any other awards to his DD Form 214 at this time.
__________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) AR20090000454
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