BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090008820
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, that a bronze service star be affixed to his Korean Service Medal.
2. The applicant states, in effect, that his Korean Service Medal is missing a bronze service star for his participation in the last battle engagement/campaign.
3. The applicant provides no documentary evidence 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 applicants 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 applicants 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 enlisted in the Regular Army (RA) on 2 October 1952 for a period of 3 years. He served as an infantryman in Korea and he was honorably discharged on 17 September 1955.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the Korean Service Medal, United Nations Service Medal, Combat Infantryman Badge, National Defense Service Medal, and the Army of Occupation Medal with Germany Clasp as authorized awards. His DD Form 214 shows he served
1 year, 11 months, and 18 days of foreign service.
5. The applicant's inclusive dates of service in Korea are not available.
6. 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. The regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
7. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1954. The service prescribed must have been performed as follows:
a. while on permanent assignment;
b. while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
c. while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants inclusive dates of service in Korea are not available, his DD Form 214 shows he received the Korean Service Medal and he served
1 year, 11 months, and 18 days of foreign service. Therefore, he is entitled to at least one bronze service star to be affixed to the Korean Service Medal.
2. The applicant served a qualifying period of service in Korea that entitles him to the Republic of Korea War Service Medal. Therefore, his records should be corrected to show this award.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 27 of his DD Form 214 the Korean Service Medal; and
b. adding to item 27 of his DD Form 214 the Korean Service Medal with one bronze service star and the Republic of Korea War 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.
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