BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010821 


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 Separation from the Armed Forces of the United States) to show award of the Korean Service Medal.  He also requests, in effect, that his DD Form 214 be corrected to show his service in the Republic of Korea.

2.  The applicant states that he served in the Republic of Korea with the 8113th Post Engineer and the 3rd Engineer Combat Battalion, 24th Infantry Division from January 1955 to November 1955.  He contends that he did not know his DD Form 214 needed to show his foreign service.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 and a Command Report for October 1953, with station list.  

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant's DD Form 214 shows:

	a.  that on 11 December 1953, he was inducted into the Army of the United States.  He completed his initial training and he was awarded military occupational specialty (MOS) 355.10 (Electrician);

	b.  that his most significant duty assignment was with Headquarters and Service Company, 3rd Engineer Battalion (Combat);

	c.  that his awards include the Army Good Conduct Medal and the National Defense Service Medal;

	d.  that he served for a period of 11 months and 8 days of foreign service; and

	e.  that he was released from active duty on 30 November 1955 and that he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.

4.  There is no available evidence of record showing the applicant's exact dates of service in the Republic of Korea.

5.  A unit history report for the 3rd Engineer Battalion (Combat) was obtained from the internet.  According to that report, the 3rd Engineer Battalion served in the Republic of Korea from July 1950 to November 1953, when it was transferred to Japan.  In January 1954, the battalion returned to the Republic of Korea and remained in Korea until October 1957.

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.



7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows:

    a.  service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; 
   
   b.  the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; or
   
   c.  service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Korean Service Medal and his service in the Republic of Korea during 1955.

2.  The available evidence clearly shows that the applicant was assigned to the 3rd Engineer Battalion (Combat) and that he served overseas for a period of
11 months and 8 days.  The evidence also shows that the 3rd Engineer Battalion (Combat) was located in the Republic of Korea during the applicant's period of active duty service.  Therefore, it is reasonable to presume that he served some or all of his overseas service in the Republic of Korea with the 3rd Engineer Battalion.

3.  The available evidence does not support the applicant's contention that he is authorized the Korean Service Medal.  By his own statement, he served in the Republic of Korea from January 1955 to November 1955.  The period of authorization for the Korean Service Medal ended in July 1954.  Therefore, his request for this award should be denied.

4.  However, to provide a record of the applicant's service in the Republic of Korea, he is entitled to the Korea Defense Service Medal and it should be added to 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 to item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Korea Defense Service Medal.

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)                                         AR20090010821



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ABCMR Record of Proceedings (cont)                                         AR20090010821



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