IN THE CASE OF:
BOARD DATE: 18 February 2010
DOCKET NUMBER: AR20090014851
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, replacement of all of the medals listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and award of the Korean War Service Medal. He also requests a reevaluation of his service-connected disability percentage.
2. The applicant states, in effect, that he lost all of the medals shown on his DD Form 214 over 30 years ago. He also states that he has talked to a Disabled American Veterans' representative about a reevaluation of his service-connected disability percentage. He completed some paperwork; however, he is not sure it is sufficient to start the process of reevaluation.
3. The applicant provides a copy of his DD Form 214 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 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 stated on his application that would like a reevaluation of his service-connected disability percentage. The ABCMR has no jurisdiction in what appears to be a service-connected disability rating awarded by the Department of Veterans Affairs (VA). Based on the foregoing, he should contact his nearest VA office for assistance. As a result, the request for a reevaluation of his service-connected disability percentage will not be discussed further in this Record of Proceedings.
3. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that replacement of medals or service ribbons for individuals not on active duty may be made at cost price. Requests will be honored from the original recipient of the award. Requests should be submitted to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-CC-0B, 1 Reserve Way, St. Louis, Missouri 63132-5200. The web site for HRC is: http://www.hrc.army.mil/site/reserve. As a result, this issue will not be discussed further in this Record of Proceedings.
4. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 3 April 1951 for 3 years. He was honorably discharged from active duty in pay grade E-3 on 3 April 1954 at the expiration of his term of service. He was credited with completing 3 years of net active service and 10 months and 25 days of foreign service. Entries in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns, Ribbons Awarded or Authorized) of his DD Form 214 list the following awards: the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, the Army Good Conduct Medal, and the Purple Heart.
5. Army Regulation 600-8-22 also provides that the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the Korean War Service Medal. To qualify for award of the Korean War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
6. Army Regulation 600-8-22 further provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant met the criteria for award of the Korean War Service Medal and the National Defense Service Medal. Therefore, he is entitled to have his records corrected to show these awards on his DD Form 214.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 showing the applicant's entitlement to the Korean War Service Medal and the National Defense Service Medal, adding these awards to the list of awards already contained on his DD Form 214, and providing him a correction to his separation document that includes these awards.
__________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) AR20090014851
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ABCMR Record of Proceedings (cont) AR20090014851
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