IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100012188
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) to show the Korea Defense Service Medal and any other service medal he may have earned for his service in Korea.
2. The applicant states the Korea Defense Service Medal was authorized by the National Defense Authorization Act of 2003.
3. The applicant provides a copy of his DD Form 214 in support of this application.
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 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 his Army records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consist of his DD Form 214 and morning reports.
3. His DD Form 214 indicates that:
a. he enlisted in the Regular Army on 18 February 1954, was given service number RA __ ___ 188, and was awarded military occupational specialty 640.00 (Light Vehicle Driver);
b. the 7th Quartermaster Company, APO (Army Post Office) 7 was his last duty assignment;
c. he served 1 year, 4 months, and 5 days of foreign and/or sea service;
d. he was awarded the National Defense Service Medal; and
e. he was honorably released from active duty on 20 February 1957.
4. His available records contain 5 morning reports pertaining to the 7th Quartermaster Company, 7th Infantry Division, Eighth Army, APO 7, Camp Casey, Korea, with dates ranging from 17 January 1956 to 21 September 1956. His name and service number are listed on the 5 morning reports.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the Korea Defense Service Medal has been carefully reviewed.
2. His available military records contain 5 morning reports which confirm his service in Korea. Therefore, there is sufficient evidence on which to base awarding him the Korea Defense Service Medal and to add this award to his DD Form 214.
3. Based on the fact that his complete military records are not available for review, entitlement to additional awards cannot be established at this time.
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 the Korea Defense Service Medal to his DD Form 214.
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 awarding him any additional awards based on his service in 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.
ABCMR Record of Proceedings (cont) AR20100012188
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ABCMR Record of Proceedings (cont) AR20100012188
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