IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020004
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 that the Korean Service Medal (KSM) be added to his records.
2. The applicant states he served in direct support of the Korean War with the 568th Transportation Company.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), an article from the Veterans of Foreign Wars magazine, and a cover letter from his Congressional representative indicating he served at the port of Whitney [presumed to mean Whittier], Alaska, with the 241st and 568th Transportation Companies.
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 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 the applicant's 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. The applicant enlisted in the Regular Army on 26 August 1949 for a period of 3 years. He completed training as a clerk-typist at Fort Dix, New Jersey. He was awarded the Army Good Conduct Medal on 5 November 1952. He was promoted to the rank of sergeant on 27 September 1952.
4. On 17 December 1952 he was honorably discharged at Camp Kilmer, New Jersey, due to the expiration of his term of service. He completed 3 years, 3 months, and 22 days of total active service.
5. A review of the available records failed to show the applicant was awarded the KSM or that he served with a unit that was entitled to award of the KSM.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Register) lists unit citations and campaign participation for units that participated during the Korean War. No listing was found for the Port of Whittier, the 241st Transportation Company, or the 568th Transportation Company.
7. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
2. While the sincerity of the applicant's claim that he served in direct support of the Korean War from Alaska is not in question, he failed to show through the evidence submitted with his application and the evidence of record that he is entitled to award of the KSM.
3. In the absence of such evidence, there appears to be no basis to grant his request at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100020004
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ABCMR Record of Proceedings (cont) AR20100020004
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