IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021561 


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 to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Korean Service Medal, the Korea Defense Service Medal, and the United Nations Service Medal.

2.  The applicant states the aforementioned awards were not recorded on his DD Form 214 due to clerical error.

3.  The applicant provides the following evidence in support of his application:

* DD Form 214 with a separation date of 14 May 1955
* Certificate of Military Service
* Internet site excerpts for awards and medals of the Korean War era

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 the fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  The source document is the applicant's DD Form 214.

3.  The applicant was inducted into the Army of the United States on 2 June 1953 for a 2-year period of service.  He completed his initial entry training and served as a field medical technician.

4.  The applicant's WD AGO Form 24A (Service Record) is not available for the Board's review.

5.  On 14 May 1955, the applicant was released from active duty upon completion of his required service.  He was issued a DD Form 214 showing he served 1 year, 11 months, and 13 days of net active service with 11 months and 22 days of foreign service.  This form does not show the geographical location of his foreign service tour.  His most significant duty assignment was with the 618th Medical Company.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Good Conduct Medal
* National Defense Service Medal

7.  Within the applicant's available personnel service record, there is a letter he sent to the U.S. Army Reserve Personnel Center on 30 April 1988.  He stated he served in the Republic of Korea from approximately June 1954 to May 1955.  A DA Form 1577 (Authorization for Issuance of Awards) prepared on 2 August 1988 shows he received the Army Good Conduct Medal and the National Defense Service Medal.  In addition, there is an annotation in the remarks section that states:

The Korean Service Medal and the United Nations Service Medal are awarded for active Federal service in certain geographical areas during the Korean War between June 27, 1950 and July 27, 1954.  Your record does not indicate active service in any of the required areas during this period.  Therefore, you are not authorized these awards.

8.  There is additional correspondence within his record that shows the applicant's Member of Congress was notified by letter on 15 April 1991 that there was no evidence in the applicant's available service record that authorized him the Korean Service Medal or the United Nations Service Medal.

9.  Reference:

	a.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	b.  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.

	c.  Army Regulation 600-8-22 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 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 for 60 nonconsecutive days or meet several criteria including:  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.

	d.  Army Regulation 600-8-22 states the United Nations Service Medal is 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 period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show the Korean Service Medal, the Korea Service Defense Medal, and the United Nations Service Medal for his foreign service tour in the Republic of Korea.

2.  The applicant's personnel service records are incomplete due to the fire at the National Personnel Records Center in 1973.  Without his records that would show his units of assignment and overseas foreign service tour, it cannot be verified by this Board that he physically served his foreign service tour in the Republic of Korea during a period of time that would allow authorization of these awards.

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 he made in service to our Nation.  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)                                         AR20100021561



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ABCMR Record of Proceedings (cont)                                         AR20100021561



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