IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090006287
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, in effect, the Armed Forces Far East (AFFE) Korea 1960, Korean Campaign Medal 1961, and all other awards to which he may be entitled for his service in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that his Korean service awards were mistakenly omitted from his DD Form 214.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record) 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 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 record shows that during the period in question, the applicant reenlisted in the Regular Army (RA) and entered active duty on 14 March 1959. He was trained in, awarded, and served in military occupational specialty 941.00 (Cook).
3. The applicant's DA Form 20 and DA Form 2-1 both show that he served in the Republic of Korea from 6 April 1960 to 26 April 1961.
4. On 15 November 1964, the applicant was honorably discharged in the rank/grade of specialist five (SP5)/E-5, after completing 5 years, 8 months, and 2 days of creditable military service for that period from 14 March 1959 to 15 November 1964. The DD Form 214 he was issued at the time shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the Army Good Conduct Medal (2nd Award), Letter of Appreciation, Letter of Commendation, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
5. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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 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's contention that he is entitled to awards for his Korean service has been carefully considered. By regulation, the KDSM is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954. The evidence of record confirms the applicant served in
Korea for 12 months and 21 days between 6 April 1960 to 26 April 1961. Thus, it would be appropriate to correct his records to show this award.
2. The AFFE-Korea Campaign 1960 and Korean Campaign Medal 1961 are not now nor have they ever been authorized Army awards, and they are not included in the Department of the Army inventory of awards and decorations. As a result, there is no effective relief available to the applicant on these matters and therefore, there is no basis for granting this portion of the applicant's requested relief.
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:
a. adding to item 26 of the applicant's DD Form 214 for the period ending
15 November 1964 the Korea Defense Service Medal; and
b. providing the applicant a correction to this DD Form 214 that includes this change.
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 an award of the Armed Forces Far East - Korea Campaign 1960 and Korean Campaign Medal 1961.
_________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) AR20090006287
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090006287
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