IN THE CASE OF:
BOARD DATE: 23 NOVEMBER 2009
DOCKET NUMBER: AR20090004400
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 award of the Korean Service Medal (KSM).
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be enough information for the KSM.
3. The applicant provides his DD Form 214 in support of this 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 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 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, the DD Form 214 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 2 December 1954. He was awarded military occupational specialty (MOS) 342.10 (cryptographic equipment repairer). He was advanced to the rank/grade SP3/E-4, which is the highest rank/grade he held. He was released from active duty on 9 November 1956 as an early separation of an overseas returnee. His DD Form 214 shows he completed 10 months and 23 days of foreign service, but the DD Form 214 does not identify the country of his foreign service.
4. The applicant's DD Form 214 shows his last duty assignment and major command was the Headquarters Company, 304th Signal Battalion. Historical information gathered online from the Korean War Educator (Army- Accounts of the Korean War) indicates the applicant's last unit of assignment was located in Korea during the time that he served overseas.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the KSM. In pertinent part, the regulation states that the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
6. Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal (KDSM). Specified criteria for the award of the KDSM is 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, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; 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.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, states that for Item 24c (Foreign and/or Sea Service), enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant did not serve in Korea between 27 June 1950 and 27 July 1954, he is not entitled to the KSM.
2. At the time of the applicant's separation, there were no provisions to enter the foreign country or countries to which the separated Soldier had been assigned or deployed. There were only provisions to enter the total amount of time served outside the continental limits of the United States.
3. While the applicant did not request the award by name, it is entirely possible he is asking for the KDSM instead of the KSM. Evidence found online indicates the applicant's last unit of assignment was located in Korea during his period of overseas service. Therefore, sufficient evidence is available indicating the applicant served in Korea well over 30 consecutive days after 28 July 1954 and is entitled to the KDSM. As such, it would be appropriate to add this award to his DD Form 214.
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 adding the KDSM to his DD Form 214.
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 KSM to his DD Form 214.
_________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) AR20090004400
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