IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017080
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 September 1956 to show award of the Korea Service Medal. On 11 March 2010, the applicant modified his request to the Korea Defense Service Medal instead of the Korea Service Medal.
2. The applicant states he served in Korea for 1 year and 15 days and that his DD Form 214 should show award of the Korea Defense Service Medal.
3. The applicant provides his DD Form 214 and a copy of page 116 of Army Regulation 672-5-1 (Military Awards).
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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.
3. The applicant's DD Form 214 with the period ending 10 September 1956 shows he enlisted in the Regular Army on 21 October 1953. He was honorably released from active duty on 10 September 1956. Item 12 (Last Duty Assignment and Major Command) shows the entry "Hq Btry 57th FA Bn." Item 26 (Foreign and/or Sea Service) shows 1 year, 0 months, and 15 days. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Army Good Conduct Medal.
4. On 11 March 2010, the Army Center for Military History confirmed that the 57th Field Artillery Battalion was stationed in Tongduchon-ni, Korea, during the period 1954-1955.
5. Army Regulation 600-8-22 (Personnel Separations) states that 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
Evidence shows that the applicant served with 57th Field Artillery Battalion in Korea. He met the eligibility criteria for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be amended to add 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 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 to add the Korea Defense 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) AR20090017080
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017080
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...
ARMY | BCMR | CY2003 | 2003085773C070212
In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. a. awarding the applicant the Army Good Conduct Medal for the period 7 May 1952 through 20 January 1954; and
ARMY | BCMR | CY2009 | 20090019724
The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. ____________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.
ARMY | BCMR | CY2014 | 20140004321
The applicant states: * he served in the Korean War from 1955 to 1956 * he served with the 204th Field Artillery and 969th Field Artillery * upon his discharge from the Army, the administrative clerk did not annotate his papers to reflect his service in Korea * in 1973 the fire at the National Personnel Records Center destroyed his military records 3. The applicant's military records are not available to the Board for review. Therefore, his DD Form 214 should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090015790
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show three awards of the Purple Heart, the Army Good Conduct Medal, the Korean Service Medal with five bronze service stars, the United Nations Service Medal with nine bronze service stars, the Combat Infantryman Badge, the Presidential Unit Citation, and the Prisoner of War (POW) Medal. Based on award of the Korean Service Medal, the applicant is eligible...
ARMY | BCMR | CY2014 | 20140002844
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korean Service Medal. Although the applicant requested award of the Korean Service Medal, the available evidence shows he was not serving on active duty during the qualifying period of eligibility. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100014043
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal. (2) The applicant served a qualifying period for award of the Korea Defense Service Medal from 4 August 1954 to 17 November 1955. Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.
ARMY | BCMR | CY2010 | 20100012188
IN THE CASE OF: BOARD DATE: 7 October 2010 DOCKET NUMBER: AR20100012188 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's military records are not available to the Board for review. _______ _ __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.
ARMY | BCMR | CY2013 | 20130000052
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * award of the Korea Defense Service Medal (KDSM) * service in Korea during the period October 1954 through January 1956 2. The applicant provides: * letter, dated 16 June 2011, from the National Personnel Records Center (NPRC) * DD Form 214 * KDSM description * Itinerary for Foreign Army Duty for the period 1954 to 1956 * Special Orders Number 38, dated 7...
ARMY | BCMR | CY2009 | 20090021367
The applicant's military records are not available for review. Army Regulation 600-8-22 states the NDSM 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. _____________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...