IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011359
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 award of the Korean Service Medal (KSM); however, it appears he intended to request award of the Korea Defense Service Medal (KDSM), which is commonly confused with the KSM.
2. The applicant states he should have been awarded the KSM because he served 6 miles south of the demilitarized zone and was 17 miles north of the 38th parallel.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge from the Armed Forces of the United States).
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 record is 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. This case is being considered using the DD Form 214 provided by the applicant.
3. The applicant was inducted into the Army of the United States on 25 January 1955. He served in military occupational specialty 621 (Engineering Equipment Mechanic). He was honorably released from active duty on 11 January 1957 after completing 1 year, 11 months, and 17 days of active military service.
4. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows he was assigned for duty with Company A, 13th Engineer Battalion. Item 24c (Foreign and/or Sea Service) shows 1 year, 3 months, and 14 days. The form does not show the location of the applicant's foreign service.
5. A history of the 7th Infantry Division shows the 13th Engineer Battalion was assigned to the division. The history also shows the division was assigned to Korea from September 1950 through March 1971.
6. Army Regulation 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
7. Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who 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 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 60 nonconsecutive days or meet several criteria including being engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for award of the KSM; however, it does support award of the KDSM.
2. The applicant was inducted well after the end of the period of eligibility for the KSM. He is not entitled to that award.
3. 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. Based on the available evidence, it is reasonable to assume that he had at least 30 consecutive days of service in Korea. Accordingly, he is entitled to award of the KDSM.
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 is 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 the KDSM to his DD Form 214.
__________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) AR20100011359
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100011359
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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