IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018728
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards for his service in Korea.
2. The applicant states that after viewing his discharge with his veteran service representative it was discovered only the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal were listed. He served in Korea during the Korean War, as identified in his records, and it appears there has been an oversight on the awards not listed on his DD Form 214.
3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), his DA Form 24 (Service Record), and his DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel requests the applicants records be updated at the soonest due to his age and health.
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 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 mainly lost or destroyed in that fire. However, there was sufficient documentation remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His available military records show he was inducted into the Army of the United States in pay grade E-1 on 12 September 1955. He completed training and was awarded military occupational specialty 941.10 (Cook). He served overseas in Korea from 13 June 1956 to 12 August 1957. He served with Company M, 21st Infantry Regiment.
4. His was honorably released from active duty in the temporary rank/grade of private first class (PFC)/E-3 on 28 August 1957, as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He was credited with completing of 1 year, 11 months, and 17 days of net active service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal. No other awards are listed.
6. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 also lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal. No other awards are listed.
7. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, does not show the 21st Infantry Regiment was cited for any unit citations, commendations, or awards during his period of service in Korea.
9. The armistice ending official hostilities in Korea was signed on 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that he was inducted after the official end of hostilities in Korea. However, he completed a qualifying period of service and met the criteria for award of the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his record at this time.
2. Review of Army Regulation 600-8-22 failed to reveal he is eligible for any other awards based on his service in the continental United States or in Korea. A review of Department of the Army Pamphlet 672-1 also failed to show his unit received any awards during his period of service in Korea.
3. In view of the foregoing, the applicants 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
adding to item 26 of his DD Form 214 the Korea Defense Service Medal and providing him a corrected separation document that includes this award.
___________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) AR20090018728
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