IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090001742 


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 he be awarded the Korea Defense Service Medal (KDSM), Korean Service Medal (KSM), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and any other overseas service medal that he may be entitled to receive. 

2.  The applicant states that he entered active duty as a Reservist on 3 November 1955 and served in Korea for 1 year and 6 days during 1956 - 1957 and was not awarded the KDSM, KSM, NDSM, UNSM, or any other overseas service ribbons.  He further states that he served with the 32nd Infantry Regiment, 7th Infantry Division at Camp Casey, Korea.

3.  The applicant provides a one-page self-authored letter explaining his application and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of is 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 was serving in the U.S. Army Reserve (USAR), Alabama Military District, when he was ordered to active duty on 3 November 1955 for a period of 2 years.

4.  The available records show that he was promoted to the rank/grade of SP3/
E-4 on 26 September 1956, that he served 1 year and 6 days of foreign service, and that he was transferred to Fort Benning, Georgia for assignment to the 123d Signal Battalion.

5.  On 1 November 1957, he was honorably released from active duty (REFRAD) and was transferred back to the USAR Alabama Military District to complete his remaining statutory service obligation of 3 years, 7 months, and 29 days.

6.  His DD Form 214 issued at the time of his REFRAD shows that he served 1 year, 11 months, and 29 days of active service, of which 1 year and 6 months was foreign and/or sea service.  It also shows he was awarded the Good Conduct Medal.

7.  There is no evidence in the available records to show when and where the applicant performed his foreign service.

8.  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.  



9.  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 in the theater of operations between 27 June 1950 and
27 July 1954.

10.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the 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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.






DISCUSSION AND CONCLUSIONS:

1.  Although the sincerity of the applicant's claim that he served in Korea is not in doubt, there simply is no evidence in the available records to show where or when he served his overseas service.

2.  The applicant's claim that he should be awarded the NDSM, KSM, and the UNSM has been noted and found to lack merit.  While it cannot be determined when and where he served his overseas service, those three awards were not awarded during the period in which the applicant served on active duty.  Therefore, even if it could be established that he served in Korea, he would not be entitled to those awards.

3.  In regards to the KDSM, evidence must establish that he did in fact serve in Korea for at least 30 consecutive or 60 non-consecutive days in order for him to be eligible for that award.  Therefore, in the absence to show that he did in fact serve in Korea and the period that he served, there appears to be no basis to grant him that award.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20090001742



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ABCMR Record of Proceedings (cont)                                         AR20090001742



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