IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100018017
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 to be awarded the "Korea Campaign Medal."
2. The applicant states he served in Korea and his records should reflect such.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a page from his service record.
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 enlisted in the Regular Army on 31 October 1960 for a period of 3 years and training as an engineer missile equipment mechanic. He completed basic training at Fort Hood, Texas, and advanced individual training at Fort Sill, Oklahoma, before being transferred to Korea on 2 April 1961.
3. He was assigned to Headquarters Battery, 7th Infantry Division Artillery, until 29 June 1962 when he was transferred to Fort Belvoir, Virginia.
4. He was honorably released from active duty at Snelling Air Force Base, Minnesota, on 30 October 1963 due to the expiration of his term of service. He completed 3 years of total active service and was awarded the Army Good Conduct Medal and his marksmanship badges.
5. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
6. Army Regulation 600-8-22 states the Korea Defense Service Medal (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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the "Korea Campaign Medal" has been noted and found to lack merit. There is no such award as the "Korea Campaign Medal" and the applicant does not qualify for award of the KSM.
2. However, the applicant does qualify for award of the KDSM and the NDSM and it would be appropriate at this time to award them to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 KDSM and the NDSM to his DD Form 214.
2. The Board further determined 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 award of the "Korea Campaign Medal" or the KSM.
_______ _ _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) AR20100018017
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ABCMR Record of Proceedings (cont) AR20100018017
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