IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018196 


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
* Armed Forces Expeditionary Medal
* United Nations Service Medal
* Republic of Korea War Service Medal
* Korea Defense Service Medal

2.  The applicant states, in effect, he served in the Republic of Korea, as part of the 8th Cavalry Regiment, from 18 April 1954 to 6 December 1956.  He states his unit of assignment was Company F, 8th Cavalry Regiment, which he states was active in Korea at that time.  He concludes his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the medals he is entitled to receive.

3.  The applicant provides:

* DD Form 214
* Special Orders Number 59, Headquarters, 8th Cavalry Regiment, dated 13 March 1956
* Standard Form Number 1034a (Public Voucher for Purchases and Services Other than Personal)



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 complete 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 his 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.  His DD Form 214 shows he enlisted in the Regular Army on 17 December 1953 for a period of 3 years, and he held military occupational specialty 111.00 (Light Weapons Infantryman).  On 6 December 1956, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he served a period of 2 years, 11 months, and 20 days.  The rank he held at the time of discharge was specialist three.

4.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service credit was 2 years, 7 months, and 19 days.  His DD Form 214 is void of any reference to the specific overseas theater or country in which he served.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  There is no documentation in the available record, nor has he provided any documentation, that clearly identifies his dates of service in the Republic of Korea.



7.  He provides:

   a. Special Orders Number 59, Headquarters, 8th Cavalry Regiment, dated 13 March 1956, paragraph 16 which refers to the applicant and appears to pertain to reassignment; however, the intent of paragraph 16 cannot be determined due to the poor quality of the order. 

   b. Standard Form Number 1034a (Public Voucher for Purchases and Services Other than Personal), which is a payment voucher for monies paid to him upon separation.  The form identifies "Act of 52" as the authorization for payment.

8.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Korean Service Medal is awarded for qualifying service within the territorial limits of Korea, participating in actual combat operations or in support of combat operations, between 27 June 1950 and 27 July 1954.  Qualifying service is defined as being on permanent assignment, on temporary duty for 30 consecutive or 60 nonconsecutive days, or in active combat against the enemy under conditions other than those previously mentioned provided a combat decoration has been awarded or an individual certificate by the command of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

	b.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  This regulation shows the Republic of Korea as an area of eligibility for award of the Armed Forces Expeditionary Medal during the period 1 October 1966 to 30 June 1974.

	c.  The United Nations Service Medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations, during the qualifying period between 27 June 1950 and 27 July 1954. 
 
	d.  The Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  
9.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Korean Service Medal, Armed Forces Expeditionary Medal, United Nations Service Medal, Republic of Korea War Service Medal, and Korea Defense Service Medal was carefully considered.

2.  The Korean Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal have specific service dates embedded in their eligibility criteria, during which a Soldier must be present in the Republic of Korea.  His exact dates of service in the Republic of Korea cannot be confirmed; therefore, absent such information, he is ineligible for these three awards.  

3.  The Armed Forces Expeditionary Medal was awarded for service in the Republic of Korea between 1 October 1966 and 30 June 1974.  This period is outside of his period of service covered by his DD Form 214; therefore, he is ineligible for this award.

4.  The Korea Defense Service Medal was awarded for service in the Republic of Korea between 28 July 1954 and a date to be determined by the Secretary of Defense.  While his DD Form 214 credits him with overseas service, the evidence of record fails to establish his service in the Republic of Korea; therefore, absent such clarifying information, he is ineligible for this award.

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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20100018196



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