IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100001022
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 that he be awarded the Korea Defense Service Medal (KDSM) and any other awards to which he is entitled.
2. The applicant states that he served in Korea from December 1955 to March 1957 and he believes that he is entitled to the KDSM as a minimum. He goes on to state that he believes he may be entitled to additional awards as well. He continues by stating that he serves as government civil servant and service medals and campaigns are a factor in determining benefits.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Phoenix, Arizona on 30 June 1955. He completed his training in basic army administration and was awarded the military occupational specialty of a clerk-typist. He was advanced to the pay grade of E-2 on 30 October 1955 and to the rank of specialist three on 23 November 1956.
4. His records show that he served 1 year, 4 months and 1 day of foreign or sea service; however, it does not specify where he performed that service.
5. On 13 September 1957, he was honorably released from active duty (REFRAD) at the Presidio of San Francisco, California due to hardship prior to the expiration of his term of service (PETS). He had served 2 years, 2 months and 14 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he had no awards or decorations.
6. Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal (KDSM). This message specified criteria for the award of the Korea Defense Service Medal as follows: a) service members of the armed forces must have served in support of the defense of the Republic of 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 Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in Korea is not in doubt, there simply is no evidence in the available records to establish where the applicant served overseas or the dates he served.
2. Unfortunately, the absence of records makes it difficult at best to make a determination in his case. While it is understood that the KDSM did not exist at the time he served, there must be more conclusive evidence to establish his entitlement to that award.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100001022
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100001022
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090010821
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. There is no available evidence of record showing the applicant's exact dates of service in the Republic of Korea. 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.
ARMY | BCMR | CY2009 | 20090001742
The applicant requests that he be awarded the Korea Defense Service Medal (KDSM), Korean Service Medal (KSM), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and any other overseas service medal that he may be entitled to receive. Army Regulation 600-8-22 provides, in pertinent part, 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...
ARMY | BCMR | CY2010 | 20100011359
The applicant's military record is not available to the Board for review. The applicant had more than a year of foreign service and served in a unit assigned to Korea during the period of eligibility for the KDSM. __________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 | CY2011 | 20110001313
The applicant requests, in effect, correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM), "Korean Occupation," and that he served on temporary duty (TDY) in France. He provides: * correspondence between him and the National Personnel Records Center (NPRC) * a DD Form 214 altered with handwritten...
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 | CY2009 | 20090010501
Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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. The applicant completed a qualifying period of service in Korea from 23 January 1975 through 12 February 1976 for award of the KDSM. Therefore, he is entitled to award of the KDSM and correction of his military records to show this award.
ARMY | BCMR | CY2008 | 20080008923
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 evidence of record shows that the applicant served in the Republic of Korea during a qualifying period for award of the Korean 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...
ARMY | BCMR | CY2009 | 20090006593
IN THE CASE OF: BOARD DATE: 10 November 2009 DOCKET NUMBER: AR20090006593 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Korea Defense Service Medal (KDSM). Records available to the Board show that the applicant was inducted into the Army of the United States on 26 January 1954.
ARMY | BCMR | CY2009 | 20090001163
He had served 3 years of total active service, and his DD Form 214 shows he was awarded the AGCM. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The AAM and the AFSM were not authorized awards during the time frame the...
ARMY | BCMR | CY2008 | 20080012441
Application for correction of military records (with supporting documents provided, if any). The NPRC file contains no evidence to show that the applicant served in Korea during his active duty tenure. However, there is insufficient evidence to support this claim.