IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090012987 


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 his service in Korea and all awards and decorations he earned as a result of this service.

2.  The applicant states that his DD Form 214 does not show his service in Korea.

3.  The applicant provides a copy of a letter, dated 18 February 2009; to the National Personnel Records Center (NPRC), a copy of a letter, dated 8 June 2009, from NPRC; a copy of his DD Form 214, dated 31 August 156; a copy of Special Orders Number 212, issued by Headquarters, Pusan Military Post, on 31 July 1954; a copy of Special Orders Number 240, issued by Headquarters, 304th Signal Battalion (Operations) on 31 October 1955; a copy of his DA Form 137 (Installation Clearance Certificate), dated 2 November 1955; and a copy of Special Orders Number 12, issued by Headquarters, 8131st Augmentation Unit (AU) , on 13 June 1955, 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 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 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 applicant's 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's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active service in New York City, NY, on 2 September 1953.  This form also shows that at the time of his separation, he held military occupational specialty (MOS) 311.10 (Central Office Maintenance Man).  

4.  The applicant's DD Form 214 also shows he completed 2 years, 11 months, and 29 days of creditable military service during this period, of which 1 year, 4 months, and 14 days was foreign service.  He was honorably separated on 31 August 1956 and transferred to the U.S. Army Reserve Control Group for completion of his remaining Reserve obligation.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Good Conduct Medal.

6.  The Korean War was fought from 25 June 1950 to 27 July 1953.

7.  The applicant submitted the following documents in support of his request:

	a.  A copy of Special Orders Number 212, issued by Headquarters, Pusan Military Post, on 31 July 1954, that show he was assigned as an Augmentee to the 7th Transportation Command, 8131st AU, from Pusan Rear Detachment (Pipeline), 8069th AU, with further assignment to the 507th Signal Company (Service), effective on or about 31 July 1954;

	b.  A copy of Special Orders Number 240, issued by Headquarters, 304th Signal Battalion (Operation) on 31 October 1955, that show he was released from assignment to the Wire Operations Company to the Inchon Replacement Depot, 8057th AU, effective 5 November 1955 for further transportation to Continental United States for reassignment; 

	c.  A copy his DA Form 137, dated 2 November 1955, that shows he was assigned to the Wire Operations Company, 304th Signal Battalion, Korea, and that he outprocessed his unit on 2 November 1955;

	d.  A copy of a letter of appreciation, dated 2 May 1955, issued by the commanding officer, 507th Signal Company (Service), Pusan Telephone Exchange, commending the applicant for his outstanding performance as a Central Office Technician while assigned to the 507th Signal Company; and

	e.  A copy of Special Orders Number 12, issued by Headquarters, 8131st AU, on 13 June 1955, that show he was released from assignment to the 507th Signal Company and further assigned to the 304th Signal Battalion (8th Army Forward) with indefinite temporary duty with the 8226th AU, U.S. Army Forces-Far East, effective on or about 17 June 1955.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 in effect then, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).  Additionally, item 38 (Remarks) is used for entries too long for their respective items as well as required entries.  

9.  Army Regulation 600-8-22 (Military Awards) states 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. The area of eligibility and period of eligibility includes all land area of 

the Republic of Korea, and the contiguous water out to 12 nautical miles.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Korea.  

2.  The evidence of record shows the applicant completed 1 year, 4 months, and 14 days of foreign service.  Although there is sufficient evidence to show he was in Korea from at least on or about 23 July 1954 to on or about 5 November 1955, the exact dates or his arrival and/or departure overseas cannot be determined.  But even if his Korea service can be determined, there was no requirement to list the foreign country or the major overseas command on the DD Form 214 at the time of the applicant's separation.

3.  The dates for the Korean War are 25 June 1950 to 27 July 1953.  Although he did not serve in Korea during the war and is not a Korean War veteran, the applicant’s service during the period of the Korean War classifies him as a Korean War era veteran.

4.  However, the applicant did meet the eligibility criteria for award of the Korea Defense Service Medal.  Adding this award to his DD Form 214 should suffice to show that he did serve in Korea while in the Army.

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 amending his DD Form 214 by adding 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 correcting his DD Form 214 to include a specific entry showing that his foreign service was served in Korea.



      _______ _   _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)                                         AR20090012987



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ABCMR Record of Proceedings (cont)                                         AR20090012987



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