BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090009123
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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Korean Service Medal.
2. The applicant states that he served on active duty during the period of the Korean conflict.
3. The applicant provides a copy of his DD Form 214, dated 27 January 1954, in support of his request.
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. Having had prior service, the applicant's DD Form 214 shows he was called from inactive duty and entered active service as a quartermaster first lieutenant in New York City, NY, on 17 December 1948. This form further shows that at the time of his separation, his most significant assignment was that of a cadet instructor cadre officer.
4. The applicants DD Form 214 further shows that he completed 5 years, 1 month, and 11 days of creditable military service during this period of which at least 3 years and 3 months was foreign service. He was honorably released from active duty in the rank of captain at Fort Myer, VA, on 27 January 1954.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Army of Occupation Medal (Austria) and the National Defense Service Medal. Item 27 does not show award of the Korean Service Medal.
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 service between 27 June 1950 and 27 July 1954 under any of the following conditions: within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE), other than one within the territorial limits of Korea which has been designated by the CINCFE as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE testifying to material contribution made in direct support of the military efforts in Korea. The service prescribed must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, air group, or comparable or higher unit testifying to such combat credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Korean Service Medal.
2. The applicants DD Form 214 shows he completed at least 3 years and 3 months of foreign service; however, there is no clear indication in his reconstructed records that establishes his service in Korea. In the absence of documentary evidence in the form of assignment/attachment orders, temporary change of duty orders, a DA Form 24 (Service Record), or any other documentary evidence that establishes his service in Korea, there is insufficient evidence to award the applicant the Korean Service Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090009123
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ABCMR Record of Proceedings (cont) AR20090009123
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