DOCKET NUMBER:  AR20090002241 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards and decorations he may have earned during his military service.  

2.  The applicant states that he served in Korea from October 1955 to March 1957. 

3.  The applicant provides a copy of his DD Form 214, dated 27 June 1958; a copy of a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 13 September 2008; a copy of his Honorable Discharge Certificate, dated 31 December 1962; a copy of his DA Form 1270 (Transfer or Release – Reserve Component of the Army), dated 28 January 1958; and a copy of Special Orders Number 17, issued by Headquarters, U.S. Army Transportation Training Command, Fort Eustis, VA, dated 23 January 1958, 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 reconstructed record shows he enlisted in the Regular Army (RA) for a period of 3 years on 28 January 1955.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 671.10 (Airplane Mechanic). 

4.  The applicant’s DD Form 214 shows that he completed 3 years of creditable military service, of which 1 year, 4 months, and 21 days was foreign service.  He was honorably released from active duty on 27 January 1958 in the rank/grade of specialist 3 (SP3)/E-4 and transferred to the U.S. Army Reserve (USAR) control Group (Reinforcement) 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 Marksman Marksmanship Qualification Badge with Carbine Bar and the Good Conduct Medal.  

6.  Item 29 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Army Forces Far East (AFFE) Command from 26 October 1955 to 18 March 1957.

7.  Section I (Appointments, Promotions, or Reductions) of the applicant’s DA Form 24 (Service Record) shows he was promoted to the rank of SP3 on 24 July 1956 under the authority of Orders Number 33, issued by Headquarters Company, 304th Signal Battalion.

8.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA Form 24 shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar by authority of Special Orders Number 97, issued by Headquarters, 404th Transportation Battalion, Fort Eustis, VA; and the Good Conduct Medal, by authority of Special Orders Number 9, issued by Headquarters, 404th Transportation Battalion, Fort Eustis.

9.  There is no indication in the applicant's reconstructed record that he was awarded any other awards, decorations, badges, or citations.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

11.  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.

12.  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.

13.  Army Regulation 600-8-22 states 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awards and decorations he earned during his military service.  

2.  Although the applicant did not specifically state which awards he was referring to, it appears that he is requesting awards that pertain to his foreign service.  His reconstructed record shows he served in the AFFE from 26 October 1955 to
18 March 1957 and his DD Form 214 shows he completed 1 year, 4 months, and 21 days of foreign service; however, there is no clear indication in his reconstructed record if he completed this foreign service in the Philippines, Korea, Japan, or another Far East overseas area.

3.  The applicant’s reconstructed record is void of orders, recommendations, citations, or any indication that he was awarded any other awards and decorations, other than those listed on his DD Form 214.  Furthermore, his period of foreign service does not entitle him to award of the Korean Service Medal, United Nations Service Medal, or ROKWSM, the most likely awards he could have earned, as the period of eligibility for these awards terminated prior to his entry onto the Army.

4.  As for the Korea Defense Service Medal, although the applicant states he was for duty in Korea from October 1955 to March 1957, there is no evidence of record and the applicant did not provide any evidence that clearly shows he was assigned for duty in Korea.  Therefore, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090002241



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ABCMR Record of Proceedings (cont)                                         AR20090002241



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