IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100008888 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Korean Service Medal [sic] (Korea Defense Service Medal) and Humanitarian Service Medal.

2.  The applicant states he served in Korea from 1973 to 1974 with the 1st Battalion, 23rd Infantry Regiment, Combat Support and the medal was not available.  He adds that he also served with the 209th Military Police Company, Fort Meade, MD and his unit deployed to Fort Indiantown Gap, PA in support of Operation New Life in 1975.

3.  The applicant provides the following documents:

   a.  DD Form 214, dated 28 April 1974.

   b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 March 1978.
   
   c.  DD Form 214, dated 27 May 1986.

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 records show he enlisted in the Regular Army on 27 June 1972 and held military occupational specialty 31B (Field Radio Repairer).  He served through multiple extensions or reenlistments, in various staff or leadership positions, within and outside of the continental United States.  

3.  His records also show he served in Korea with 1st Battalion, 23rd Infantry, from on or about 8 January 1973 to 17 January 1974.

4.  His records also show he was assigned to the 209th Military Police Battalion, Fort Meade, MD, from on or about 13 February 1975 to 6 January 1976.  During this assignment, he served at the Indiantown Gap Military Reservation, in a temporary duty status from on or about 21 May 1975 to 21 August 1975. 

5.  He was honorably retired on 27 May 1986 by reason of disability and he was placed on the retired list in his retired rank/grade of SSG/E-6 on 28 May 1986.

6.  Item 23 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his retirement DD Form 214 shows he was awarded the Army Service Ribbon, Overseas Service Ribbon (2nd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Good Conduct Medal (4th Award), Armed Forces Expeditionary Medal, Expert Marksmanship Qualification Badge with Rifle and Grenade Bras, and Army Commendation Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 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 area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
	b.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 under any of the following conditions:  within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE), other than one within the territorial limits of Korea which has been designated by the CINCFE as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, air group, or comparable or higher unit testifying to such combat credit.

	c.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a DOD approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 shows the following operation was approved by DOD as qualifying for award of the Humanitarian Service Medal:  Operation New Life/New Arrivals, 1 April 1975 to 20 December 1975, Guam, Fort Chafee, AR, and Fort Indiantown Gap.  Operation New Life was the U.S. military evacuation of over 130,000 Southwest Asian refugees displaced by the Vietnam War.  From 4 April to 3 September 1975, the operation transited 112,000 refugees to the United States through Guam.  Of the approximately 133,000 refugees who eventually entered the United States under Operation New Arrivals, the Army processed over half of those refugees for resettlement at Fort Indiantown Gap and Fort Chaffee.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Korean Service Medal and the Humanitarian Service Medal.

2.  The evidence of record shows that the applicant served in Korea from on or about 8 January 1973 to 17 January 1974.  The period of eligibility for award of the Korean Service Medal is between 27 June 1950 and 27 July 1954.  His 1973/1974 service in Korea does not qualify him for award of the Korea Service Medal; however, this period of service qualifies him for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.  

3.  His service at Indiantown Gap Military Reservation, in a TDY status from on or around 21 May to 21 August 1975, presumably in support of Operation New Life is noted.  However, a service member must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits and must provide evidence that substantiates direct participation.  There is insufficient evidence that shows he directly participated in the relief operations. 

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 adding to item 13 of his DD Form 214, dated 27 May 1986, 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 the Korean Service Medal and Humanitarian 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)                                         AR20100008888



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100008888



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1