BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005513 


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 Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM) and his service in Korea. 

2.  The applicant states that he served in Korea from September 1955 to September 1956 and he is eligible for the KDSM.

3.  The applicant provides a letter addressed to him 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 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 inducted on 23 September 1954, served as a track vehicle mechanic, and was released from active duty on 15 September 1956 (as an overseas returnee).

4.  The applicant's DD Form 214 shows the Good Conduct Medal as an authorized award.  Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 shows Service Company, 32nd Infantry.  His DD Form 214 also shows that he served 1 year and 2 days of foreign service.

5.  There is no evidence of record which shows the applicant served in Korea.

6.  In support of his claim, the applicant provided a copy of an envelope, postmarked 14 December 1955, which is addressed to him and his unit is listed as Service Company, 32nd Infantry Regiment, APO [Army Post Office] 7.

7.  Officials at the Center for Military History revealed that Service Company, 32nd Infantry Regiment was located in Tongduchon-ni, Korea during the period October 1955 to August 1956.

8.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states that the KDSM 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 and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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.  Service members 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:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating 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 1 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.  Evidence of record shows the applicant's last duty assignment was with Service Company, 32nd Infantry Regiment.  Officials at the Center for Military History confirmed that Service Company, 32nd Infantry Regiment was located in Korea during the period October 1955 to August 1956.  Based on the foregoing, the envelope provided by the applicant which shows he was assigned to Service Company, 32nd Infantry Regiment in Korea on 14 December 1955 is accepted as sufficient evidence on which to amend his DD Form 214 to show award of the KDSM.

2.  Item 12 of the applicant's DD Form 214 appropriately shows his last duty assignment at separation.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicant’s request to show his duty assignment in Korea on 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 on 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 amending his DD Form 214 to show his service in Korea.  




      _______ _   _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)                                         AR20090005513





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ABCMR Record of Proceedings (cont)                                         AR20090005513



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