BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090007465
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 award of the Korean Service Medal [sic].
2. The applicant states he served in Korea for 13 months during 1960-1961.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). This document shows he served with Eighth U.S. Army in Korea for 1 year, 1 month, and 3 days.
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 enlisted in the Regular Army for 3 years on 20 November 1959. He was trained as a personnel specialist and his DA Form 24 (Service Record) shows he departed San Francisco, CA, on 1 June 1960 and arrived at Inchon, Korea, on 21 June 1960. It further shows he departed Inchon on 17 June 1961 and arrived in San Francisco on 3 July 1961.
3. The applicant's DD Form 214 does not show the Korean Service Medal.
4. 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 qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. However, 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 from 28 July 1954 to a future date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in Korea for 30 consecutive or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Korean Service Medal.
2. The Korean Service Medal is a wartime service medal awarded to participants who served in Korea during the Korean War between 27 June 1950 and 27 July 1953.
3. The applicant did not serve in Korea during the Korean War; he is not entitled to the Korean Service Medal.
4. However, the applicant is entitled to the Korea Defense Service Medal for his service in Korea from 21 June 1960 to 17 June 1961.
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 awarding the individual concerned the Korea Defense Service Medal and adding it 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 award of the Korean 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) AR20090007465
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