BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090004217 


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 the "Korean Defense Medal" [determined to be either the Korea Defense Service Medal or the Korean War Service Medal] be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states a new medal was issued after his retirement.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 October 1956 on which he highlighted the Prisoner of War (POW) Medal, the Korean Service Medal, and an entry showing he was a POW in Korea 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 official military personnel file was not available for review.  However, a copy the applicant's previous case, ABCMR Docket AR2000043194, dated 25 January 2001, with documents used for evidence was available for review.  A copy of the applicant's DD Form 214 with a separation date of 26 October 1956 that was issued by the Army Review Boards Agency Support Division, St. Louis, MO, was also available for review.  These records are sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The available records show the applicant enlisted In the Regular Army on 4 February 1947.

4.  The applicant was assigned in Korea from 27 July 1950 to 5 September 1953.  He was reported missing in action on 18 May 1951 and subsequently declared a POW.  He was a POW from 18 May 1951 to 5 September 1953.  He was returned to military control on 5 September 1953.

5.  The applicant reenlisted on 29 October 1953, on 26 October 1956, and on 13 November 1962.  On 1 November 1967, the applicant was released from active duty and placed on the Retired List.  He had completed 20 years, 8 months, and 27 days of active service.  A history of the applicant's assignments subsequent to his return to military control from a POW status is not available for review.

6.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal was approved by the Assistant Secretary of Defense for Force Management Policy on 20 August 1999 for acceptance and wear by veterans of the Korean War.  To qualify for award of the Republic of Korea War Service Medal, 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.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  This regulation specifies criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not specific as to which medal he was requesting.  He contends the medal was issued subsequent to his retirement on 1 November 1967.  He highlighted the POW Medal, the Korean Service Medal, and an entry showing he was a POW in Korea on the DD Form 214 he submitted with his application.  Therefore, it is reasonable to conclude he is requesting a medal based on his service in Korea from 27 July 1950 to 5 September 1953.  Since his retirement, both the Republic of Korea War Service Medal and the Korea Defense Service Medal have been authorized.  Therefore, the applicant's eligibility for both medals was reviewed.

2.  The applicant was assigned in Korea on 27 July 1950 and he was captured on 18 May 1951.  He had served 30 consecutive days within the territorial limits of Korea prior to his capture.  Therefore, the applicant is authorized the Republic of Korea War Service Medal.

3.  The applicant was returned to military control on 5 September 1953.  Although records are not available, it is reasonable to conclude he departed Korea at that time.  The applicant's history of assignments was not available for review.  There is insufficient evidence available to show the applicant served 30 consecutive days or more in Korea subsequent to 28 July 1954.  Therefore, there is insufficient evidence to verify his eligibility for the Korea Defense Service Medal.

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 all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 with an effective date of 1 November 1967 to show he is authorized the Republic of Korea War Service Medal.

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 the Korea Defense 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)                                         AR20090004217



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ABCMR Record of Proceedings (cont)                                         AR20090004217



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